kubmilegaGC
09-23 10:54 PM
Recd the cards today (9/23/09)
CPO E Mail recd on (9/15/09)
Thank Q IV
Good Luck to all
Good to know..I had a soft LUD 9/23 after the hard one on 9/22 (approval notice sent email, 5th step) - still waiting for cards....anyone with SLUDs after the approval notice sent updates?
CPO E Mail recd on (9/15/09)
Thank Q IV
Good Luck to all
Good to know..I had a soft LUD 9/23 after the hard one on 9/22 (approval notice sent email, 5th step) - still waiting for cards....anyone with SLUDs after the approval notice sent updates?
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vin13
09-17 10:37 AM
This is going to be held today. here is the link.
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
gc28262
04-27 10:02 AM
http://www.moneycontrol.com/mccode/news/article/news_article.php?autono=394887&special=mkt_topnews
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sri1309
12-22 08:04 AM
Minimal response so far. Please have this as an action item and please remove all the old links that are less valid now. If we can have some fresh links and those which can blink , it may attract attention. I know the other way will be when the situation changes like a job loss or out of status.. but I think we dont need to wait too long..
more...
Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
Green.Tech
06-18 11:58 AM
Keep calling, folks. We are making headway. Don't quit, not now, not ever!
more...
Dipika
10-27 01:52 PM
Rongch60,
Same Here !
I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
EB2/TSC .
I m lost as well!!!
i filled up #7001 form and also E.mailed a follow up letter today.
i had opened SR on 4th sept, same reply - case is preadjudicated and under review, wait for 6 months. my case is at TSC. i have taken infopass for 4th Nov to check again.
Same Here !
I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
EB2/TSC .
I m lost as well!!!
i filled up #7001 form and also E.mailed a follow up letter today.
i had opened SR on 4th sept, same reply - case is preadjudicated and under review, wait for 6 months. my case is at TSC. i have taken infopass for 4th Nov to check again.
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mdforgc
04-09 06:38 PM
I just ocntributed 200 dollars towards the goal of 150K, we will get there. And great work IV core, keep it up.
more...
gc28262
04-27 10:01 AM
http://www.moneycontrol.com/india/news/business/dont-see-new-h1b-proposal-turning-intoact-nasscom/395009
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harikris
05-14 05:13 PM
A very sensible post. You dont need to have ur life around the GC and Priority dates. You need to do what u want to as much as within ur limits.. But one thing is USCIS can be staright forward and say EB-I wont move for such and such time and people can still plan better... :)
I agree. On an average, it seems, one spends just about 6 yrs to get his/her GC. That's nearly 20% of our productive "employment" life. At some point in the process, one starts to wonder if he/she can lay their roots in this country.
It is not an easy or trivial task to "just move on" and pursue plan B or plan C.
With passage of time, the priorities and the drive of people change.
So, the immigration system should be quick and transparent.
If you notice in daily life, there is always a "good-faith" disclosure of terms and conditions before signing up for anything. And both parties strive to keep their end of the deal.
That's all we are really asking from the SYSTEM - "If you are willing to open the gates for immigrants, please process their applications to the best extent possible and don't hold up our lives"
What is missing in this system is "empathy". Rules are fine and we also understand the over-subscription in certain categories. But at the end of day, the controlling or executive authorities have to show some empathy to those that are left hanging. Rules are made to help people and they should not become an excuse to punish [PR process delayed is justice denied, truly] the common folks instead.
President Obama has stated he would like have an empathetic judge on the supreme court. Likewise, we need someone heading the immigration system that empathizes with the lives of prospective PR lot.
What can we do to seek such a leader or change?
I agree. On an average, it seems, one spends just about 6 yrs to get his/her GC. That's nearly 20% of our productive "employment" life. At some point in the process, one starts to wonder if he/she can lay their roots in this country.
It is not an easy or trivial task to "just move on" and pursue plan B or plan C.
With passage of time, the priorities and the drive of people change.
So, the immigration system should be quick and transparent.
If you notice in daily life, there is always a "good-faith" disclosure of terms and conditions before signing up for anything. And both parties strive to keep their end of the deal.
That's all we are really asking from the SYSTEM - "If you are willing to open the gates for immigrants, please process their applications to the best extent possible and don't hold up our lives"
What is missing in this system is "empathy". Rules are fine and we also understand the over-subscription in certain categories. But at the end of day, the controlling or executive authorities have to show some empathy to those that are left hanging. Rules are made to help people and they should not become an excuse to punish [PR process delayed is justice denied, truly] the common folks instead.
President Obama has stated he would like have an empathetic judge on the supreme court. Likewise, we need someone heading the immigration system that empathizes with the lives of prospective PR lot.
What can we do to seek such a leader or change?
more...
pansworld
12-03 05:56 PM
We agree to disagree.
I will check out the youtube video.
Cheers
Every member is welcome to contribute time and/or money. Both are important.
Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.
To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
Thank you.
I will check out the youtube video.
Cheers
Every member is welcome to contribute time and/or money. Both are important.
Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.
To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
Thank you.
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centaur
02-05 04:43 PM
On a personal level, it might be helpful to you, however there are others here who want to --start their own company, change employers, go back to school and over and above all be able breathe without feeling suffocated by the system, and reap benefits of the multiple contributions they have made, for, so many years, to the american society.
Hello everyone,
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
Hello everyone,
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
more...
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07-16 07:17 PM
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desi485
02-13 05:03 PM
Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
mhtanim, appreciate your input. Though this sounds logical, I was wondering if there is any link to CIS memo or any other resource to check this? Even our company lawyer is not sure on this.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
mhtanim, appreciate your input. Though this sounds logical, I was wondering if there is any link to CIS memo or any other resource to check this? Even our company lawyer is not sure on this.
more...
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waitingGC
01-31 04:44 PM
confused now
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optimist578
02-06 10:47 AM
Since you can study under H4 you cannot apply for F1 (My wife tried that already) :)
What if the spouse (H1B holder) has to leave the country for some reason, say for an year? Then how is the student supposed to maintain his/her status?
So, I don't think that is true. If you get admission as a full time student, then you should be eligible for F1. My husband did this successfully in 2001.
What if the spouse (H1B holder) has to leave the country for some reason, say for an year? Then how is the student supposed to maintain his/her status?
So, I don't think that is true. If you get admission as a full time student, then you should be eligible for F1. My husband did this successfully in 2001.
more...
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waitingGC
02-07 11:46 AM
Sorry to confuse you ..
It is very difficult to make a prediction...The 7% country quota for china is satisfied already...So it could be this october
The only chance that it happens is that visa overflow from other categories into EB2China/India...For that to happen..Eb3 world has to become current.....
That would mean that more visa are available than can be used for Rest of world...Then CHINA/India would get some more than 7% country quota....
So it could be Oct 07 or if you are lucky... earlier....
If immigration reform happens..you would definately become current immedialtely...
Thank you for your elaboration.
How do you know that all the unused visas go to EB3 before go to EB2?
Even if the immigration reform happens, will it take effect next year or sometime later? How come my PD can become current immediately once the immigration reform happens?
thanks
It is very difficult to make a prediction...The 7% country quota for china is satisfied already...So it could be this october
The only chance that it happens is that visa overflow from other categories into EB2China/India...For that to happen..Eb3 world has to become current.....
That would mean that more visa are available than can be used for Rest of world...Then CHINA/India would get some more than 7% country quota....
So it could be Oct 07 or if you are lucky... earlier....
If immigration reform happens..you would definately become current immedialtely...
Thank you for your elaboration.
How do you know that all the unused visas go to EB3 before go to EB2?
Even if the immigration reform happens, will it take effect next year or sometime later? How come my PD can become current immediately once the immigration reform happens?
thanks
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dallasdude
10-07 10:45 AM
It's not a wise decision to invest in India for another few years. If a controlled market like the US experiences such short comings, you cant even imagine how things will get in India. It's going to be extremely volatile and the armageddon is just about to begin. Stay away from there.
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Bpositive
02-03 12:01 PM
anyone else with 221g experience from chennai consulate? my case status was updated to send ppt on consulate website...submitting it to vfs tomorrow..
how long from did it take to get the passport back from consulate after submitting it to vfs?
how long from did it take to get the passport back from consulate after submitting it to vfs?
nrk
10-27 10:46 AM
Post-Decision Activity
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
amitga
02-01 12:47 PM
Today we might not be responsible for that, but I am sure lot of us will do the same after getting (if ever we get it) the Green Cards i.e. open such a consulting companies. Also we do not hesitate to call one of our friend, relative etc through one the tricks mentioned above. Finally many of us work or worked for such companies and let all these happen in these companies.
The sad part is that big companies like TCS, Wipro also do similar things, so why blame small desi companies.
A lot of people are responsible for these happenings and a lot of people are responsible for exposing all this. Its not one person or one organization here in play.
Read the John Miano's testimony in Congress in July 2006. Do a google search and see.
There are people like him who have dedicated serious time and effort in exposing the misuse of H1B by a few bad apples and then use them to paint the entire H1B program as evil and unneccesary.
And no, we are not responsible for this.
The companies that exploit and the DOL that looks the other way when this happens, and the AILA that goes in lockstep with exploiting employers are responsible.
The sad part is that big companies like TCS, Wipro also do similar things, so why blame small desi companies.
A lot of people are responsible for these happenings and a lot of people are responsible for exposing all this. Its not one person or one organization here in play.
Read the John Miano's testimony in Congress in July 2006. Do a google search and see.
There are people like him who have dedicated serious time and effort in exposing the misuse of H1B by a few bad apples and then use them to paint the entire H1B program as evil and unneccesary.
And no, we are not responsible for this.
The companies that exploit and the DOL that looks the other way when this happens, and the AILA that goes in lockstep with exploiting employers are responsible.
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