gc_kaavaali
04-20 10:32 AM
Hi,
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
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TeddyKoochu
09-23 04:57 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate
Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.
Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.
morchu
05-08 02:20 PM
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
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pallavan
09-25 10:01 AM
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.
So "Stay in line" :D
Dream ON ...! No Law is immutable buddy ;)
So "Stay in line" :D
Dream ON ...! No Law is immutable buddy ;)
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amsgc
07-04 11:23 PM
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
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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PBECVictim
08-13 03:27 PM
Your case is like me, except I am porting Priority date from my previous approved I-140 Eb3 case. Your new I-140 transferred to Texas Service centre because your employer comes under Texas Service centre. Your residency location also comes under Texas service centre. So you will receive I-485, I-765 and I-131 with SRC numbers. But it may take longer time.
Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.
Texas Service Centre data entry dates:
I-140 - 07/31/2007
I-485 -- 06/28/2007
I-140 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I-485 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:
Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.
Texas Service Centre data entry dates:
I-140 - 07/31/2007
I-485 -- 06/28/2007
I-140 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I-485 Direct filing locations
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:
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willwin
07-28 01:09 PM
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
Is that a new division? Active IVians and inactive IVians? LOL
BTW, sorry to say that the active IVians are minority here.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
Is that a new division? Active IVians and inactive IVians? LOL
BTW, sorry to say that the active IVians are minority here.
more...
rdehar
10-08 02:37 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
Very well said.
Can't stop laughing.
Very well said.
Can't stop laughing.
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lord_labaku
08-18 03:05 PM
With this issue of priority date taking a back seat to notice date when dates are current :
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.
Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.
For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.
Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.
For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.
more...
ramus
07-07 12:05 PM
Hi,
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
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edgarrecto
12-16 09:37 AM
the january 2008 visa bulletin reflects that the eb3 category has a priority date of october 15,2002. are we made to believe that those persons who have priority dates of october 15,2002 and earlier, did not immediately file for adjustment of status but instead they will only file now this coming january 2008? is it believable that there are still applicants who will be filing now this janiuary 2008 even though their priority date is as early as october 15,2002?
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EB3_SEP04
08-12 06:23 PM
What I did till now.
1) Contacted Senator/Congressman/Governor
2) Filled 7001 form for Ombudsman
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.
Did you do all this for EAD?
1) Contacted Senator/Congressman/Governor
2) Filled 7001 form for Ombudsman
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.
Did you do all this for EAD?
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coolman
10-04 03:07 PM
Applied on July 19th,NSC..no news yet..
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javadeveloper
07-20 02:15 PM
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
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logiclife
05-03 08:06 PM
Here is how the parties in general stand on immigration:
Democrats: They support immigration in general. But their sympathies lie with low-skills, low-wage workers who mostly enter illegally.
Republicans: They oppose immigration in general, ESPECIALLY the illegal variety. However, they overwhelmingly support hi-tech immigration(and hi-tech immigration is mostly legal, I havent met a scientist or a Java programmer working illegally :) ) because of their close relationship to businesses and their pro-business attitude in general.
Democrats: They support immigration in general. But their sympathies lie with low-skills, low-wage workers who mostly enter illegally.
Republicans: They oppose immigration in general, ESPECIALLY the illegal variety. However, they overwhelmingly support hi-tech immigration(and hi-tech immigration is mostly legal, I havent met a scientist or a Java programmer working illegally :) ) because of their close relationship to businesses and their pro-business attitude in general.
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Azzkikr1337
09-27 02:56 PM
Lawyer filed I-485 on July 13th to TSC. Still nothing yet.
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gcspace
09-17 11:43 AM
Can you please let us know who signed your package in NSC on July16th?
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
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mach1343
09-27 12:08 PM
I totally agree on EB3 to EB2 porting but the PD should be the day he qualified as EB2 not the original date of EB3 which makes sense.
This way everyone is happy.
People who have done Masters (EB2) should get the GCs first. :) ...Relax dont give me a red for this. I already had enough.
Chill out
This way everyone is happy.
People who have done Masters (EB2) should get the GCs first. :) ...Relax dont give me a red for this. I already had enough.
Chill out
shaikhshehzadali
06-14 03:38 PM
Was ur I140 filed in Texas?
neelu
05-23 10:49 PM
Sent emails to each of the senators listed on the first page of this thread using the forms on senators' websites.
Guys, it barely takes any time to do these simple tasks.
Look forward to more participation in all IV campaigns.
Guys, it barely takes any time to do these simple tasks.
Look forward to more participation in all IV campaigns.
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