americandesi
01-26 09:38 PM
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
Here it is
http://www.news.com/2100-1017-255994.html
Here it is
http://www.news.com/2100-1017-255994.html
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eb3stuck
11-09 02:37 PM
Still waiting for FP ,called USCIS Customer service on Nov 06th,2007,rep advised to call after 30 days to file SR.
She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
__________________
* EB3 - PD April 2002
* I-140 Approved -Jan 2006
* I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
*ND -Aug 30th,2007
*EAD received - Sept 10th,2007
Contributed $200 so far
She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
__________________
* EB3 - PD April 2002
* I-140 Approved -Jan 2006
* I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
*ND -Aug 30th,2007
*EAD received - Sept 10th,2007
Contributed $200 so far
snathan
10-27 10:55 PM
Dont Know from past 20 yrs after coming out of college, for some reason I dont like Infy.
( It is not that I didnt get a Job there ) I had been to there couple of facilities in various cities in India for pre-sales and post sales product support.
I got their offer couple of years back and decided not to join. I was disguised the way the HR manager spoke. He was telling me to work for lower wage than what I was making for the privilege of working for them.
( It is not that I didnt get a Job there ) I had been to there couple of facilities in various cities in India for pre-sales and post sales product support.
I got their offer couple of years back and decided not to join. I was disguised the way the HR manager spoke. He was telling me to work for lower wage than what I was making for the privilege of working for them.
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dummgelauft
12-07 12:53 PM
Here is my timeline:
Filing : Paper Filed
Mailed: 9/27/2010
Rec'd at NSC: 9/29/2010
Document Mailed" Email Rec'd: 02/12/2010
I-131 Received in Mail: 05/12/2010
So, from the time they received it to time time it took for me to receive the document is 66 days..not bad at all, considering what some other poor folks are going through.
There are other guys here at work whose time line is nearly same as mine, give or take a week. One fellow got his in 50 days. He has travel coing up in the last week on Dec, so he had called to check on his application. During the call he mentioned travel in last week of December. He got the approval email later that day.
My AP got done in time but the EAD was huge headache. God bless our local sentor, who was able to get my EAD expedited, hence was able to avoid the scary job loss scenario.
While it seems like consipracy theory, but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.
Filing : Paper Filed
Mailed: 9/27/2010
Rec'd at NSC: 9/29/2010
Document Mailed" Email Rec'd: 02/12/2010
I-131 Received in Mail: 05/12/2010
So, from the time they received it to time time it took for me to receive the document is 66 days..not bad at all, considering what some other poor folks are going through.
There are other guys here at work whose time line is nearly same as mine, give or take a week. One fellow got his in 50 days. He has travel coing up in the last week on Dec, so he had called to check on his application. During the call he mentioned travel in last week of December. He got the approval email later that day.
My AP got done in time but the EAD was huge headache. God bless our local sentor, who was able to get my EAD expedited, hence was able to avoid the scary job loss scenario.
While it seems like consipracy theory, but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.
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gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
dsva
01-11 12:39 PM
I sent the letter to the President and copy to IV on 01/08/2007.
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RDB
08-25 09:52 PM
I just got my EAD yesterday (with 1 year validity even though PD is not current). My company lawyer will contact USCIS about this, will update once I have any info.
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
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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.
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.
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geevikram
11-25 04:18 PM
Thank you so much guys for the report.
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ragz4u
02-21 01:10 PM
Her story is here (http://www.c-n.com/apps/pbcs.dll/article?AID=/20060205/NEWS/602050356)
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lnahan
06-05 01:55 PM
Action item: let's beg USCIS to work slower and waste as much quota as possible.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
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buddyinsd
01-26 02:02 AM
It looks like guys from AP are running away from all the mess their state is currently in. On one hand there's that YSR's son trying to create havoc for the ruling Govt. His dad and himself being the most corrupt politicians the state has ever seen. On the other hand, there's this filthy congress high command trying to counter him. Its like CORRUPT1 vs CORRUPT2 trying to get the throne so that they can remain CORRUPT. And in the wings are parties like TDP, TRS and PRP --- Really, is there a political party in AP (or even India) where one can call it corrupt free? ha ha
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
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amoljak
05-15 07:49 AM
This is just some cheap theatrics by Durbin Grassley in preparation to attach their anti H1B restrictionist bill to CIR. Read more here: http://immigrationvoice.org/forum/showthread.php?t=3944
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Gravitation
12-04 07:20 PM
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
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whiteStallion
05-19 01:54 PM
Voted !
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
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mhtanim
07-21 11:35 PM
So this confirms FIRMLY that antis and BusinessWeek are working in tandem against legal immigration reform. Sometime back.. I read that BusinessWeek is for sale.. by McGraw Hill (its parent company). I wish.. that sale happens soon and let common sense prevail. Probably they are trying too hard to shore up their subscriber base by evoking the last resort.. creating sensation with meaningless issues.
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
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hiralal
05-05 10:16 PM
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now
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andycool
12-21 12:29 PM
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
Pooja I understand your pain ..
INDIAN CONSULAR SERVICES ARE BAD
THEY NEVER ANSWER THE PHONE CALLS ....I WAITED FOR 1-2 HRS EVERY TIME WITH NO ANSWER ..
THEY DONT REPLY TO EMAILS ...
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
Pooja I understand your pain ..
INDIAN CONSULAR SERVICES ARE BAD
THEY NEVER ANSWER THE PHONE CALLS ....I WAITED FOR 1-2 HRS EVERY TIME WITH NO ANSWER ..
THEY DONT REPLY TO EMAILS ...
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sai
04-01 07:36 PM
Done!!!
gclabor07
02-07 01:20 PM
Just wanted to let you know I posted my letter to WH and IV.
eb3retro
07-08 05:55 PM
you still didnt answer my question, who are you and why are you here and that too sneakily...(;)). Caught you pretty good eh??
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
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