gc28262
06-10 05:21 PM
We shouldn't give much significance to what USCIS and DOS officials say. Both of these departments don't have a grasp on what is happening in their respective organizations.
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
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JA1HIND
01-26 06:00 PM
hey thanks for the replies....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??
You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....
kak1978
06-01 11:29 AM
Done. Bump.
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akbose
03-21 02:21 PM
I am from NYC too. Lets team up.
more...
Sunx_2004
04-01 06:39 PM
As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
Any inputs..
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Any inputs..
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
diptam
07-02 04:02 PM
Medical - $350
0.5 day off for Medical + 0.5 Follow up Medical - $400
Photo - $10
USPS Express Mailing - $20
Birth Cert from NY Consulate - $20
Visit to NY Consulate from Boston - $110
1 day off for Birth Certificate - $400
Origina Birth Cert Affidavit (From India) - $10
Misc - $80
------------
$1400
Plus the emotional distress and Pain i'm bearing continuously....
0.5 day off for Medical + 0.5 Follow up Medical - $400
Photo - $10
USPS Express Mailing - $20
Birth Cert from NY Consulate - $20
Visit to NY Consulate from Boston - $110
1 day off for Birth Certificate - $400
Origina Birth Cert Affidavit (From India) - $10
Misc - $80
------------
$1400
Plus the emotional distress and Pain i'm bearing continuously....
more...
javadeveloper
01-09 11:37 AM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
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Asian
09-15 10:33 AM
For those who already received GC, it is trivial. For us who have not received it yet, it is a life or death matter. So please don't play with it. I hate to meet the green card holder who brags as if it were nothing.
more...
am4gc
12-29 05:46 PM
How can they change the interpretation of law in 2006?
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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eb3retro
10-19 02:52 PM
EAD or Advance Parole?
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
more...
eb3retro
08-05 12:26 PM
its a really good discussion, thanks to all people who have provided valuable information. I am a Consultant throughout my career and never lead a team but now planning to change gears and move into project management. When I goolged about the requirement to take the exam, Lot of PMP training institutes came up and they are charging about $2000 for training and they say its a 5 day course, guarantee to pass bhla bhla .... My first question is it required to take these training classes? if not how to become eligible for to take the exam, Please advice.
gcmaine. here is my answer to your question. I completed my PMP in 2008. Same like other folks here, thanks to USCIS, I have never been able to use it, since I am in eb3 and cant change job family. anyways here is my thought, in my opinion, this is just my opinion , keep in mind, those trainings are not at all necessary, if you have little bit of perseverance and time. Reason I am saying this is, with 2 kids, I was able to do this PMP certification myself, without any training. I took my own sweet time, spent 6 months studying in a library (2 hours every day on weekdays) and couple of hours in the weekends. I could pass this in one shot. And if I can do it, anyone can do it. All you need is perseverance and I am sure you will get through. PM me if you have any questions on how to prepare for the exam.
gcmaine. here is my answer to your question. I completed my PMP in 2008. Same like other folks here, thanks to USCIS, I have never been able to use it, since I am in eb3 and cant change job family. anyways here is my thought, in my opinion, this is just my opinion , keep in mind, those trainings are not at all necessary, if you have little bit of perseverance and time. Reason I am saying this is, with 2 kids, I was able to do this PMP certification myself, without any training. I took my own sweet time, spent 6 months studying in a library (2 hours every day on weekdays) and couple of hours in the weekends. I could pass this in one shot. And if I can do it, anyone can do it. All you need is perseverance and I am sure you will get through. PM me if you have any questions on how to prepare for the exam.
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sandy_anand
11-06 04:14 PM
Let me narrow it down
' First half of this month'. :D
Let me do better - between Nov 6th and 13th!:D
' First half of this month'. :D
Let me do better - between Nov 6th and 13th!:D
more...
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Almond
11-03 01:37 PM
I don't like the clickers who made me red (for no reason, thank you very much) but I love the clickers who made me green :o Thank you, Leo! ;)
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bujjigadu123
02-21 01:29 AM
Thanks for the reply...
Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?
Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?
more...
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sameer2730
11-20 03:56 PM
How about anyone with a US Masters no matter if it was obtained before filing the GC or just last month? Almost everyone I know has got some US masters in the meantime over the past 5-7 years. The queue will not move if the provision just includes a degree. In fact a lot of EB3 India would benefit since most of us got a masters in the meantime even if it was something like some MBA or information systems management.
Sure the queue will be shorter if people with masters got a GC just as it will be if all spillover goes to the most waiting applicant first, not to mention it will be fairer.
So essentially this talk about US masters is just a self-serving way to jump the queue. There is no crab mentality here. Just trying push ones own importance using any pretext whatsoever.
Sure the queue will be shorter if people with masters got a GC just as it will be if all spillover goes to the most waiting applicant first, not to mention it will be fairer.
So essentially this talk about US masters is just a self-serving way to jump the queue. There is no crab mentality here. Just trying push ones own importance using any pretext whatsoever.
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felix31
04-02 03:43 AM
i've just checked. As of now
300 faxes sent (fax # 10)
267 faxes sent (fax # 11)
we need more faxes.....more more many many more...
300 faxes sent (fax # 10)
267 faxes sent (fax # 11)
we need more faxes.....more more many many more...
more...
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h1techSlave
11-30 01:20 PM
The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.
If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.
IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.
Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.
If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.
IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.
Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.
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Ramba
02-20 10:16 AM
As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.
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aravindan_kv
08-19 01:05 PM
My case
PD > DEC, 29, 2004
I140 Approval: march 26, 2008,
I485 Receive date : Aug 7 ,2007
I485 Notice date : Sept 15 ,2007
Status: Pending :
Service Center: NSC
Taken Infopass appointment August21 , Let see what updates i will be getting from them
PD > DEC, 29, 2004
I140 Approval: march 26, 2008,
I485 Receive date : Aug 7 ,2007
I485 Notice date : Sept 15 ,2007
Status: Pending :
Service Center: NSC
Taken Infopass appointment August21 , Let see what updates i will be getting from them
JA1HIND
02-13 07:54 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
NO_Free_Rider
10-11 10:58 PM
My labor approved from PBEC (PD May 2003-EB3 India) on Aug 20!
Yes, and I hear only EAD, AP, spouse' FP etc in this forum now.
I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .
Yes, and I hear only EAD, AP, spouse' FP etc in this forum now.
I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .
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