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  • GCneeded
    03-14 04:07 PM
    To nat23,

    I sent you a PM.





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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?





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  • Rajeev
    08-11 08:22 AM
    does it have any impact, if a lot of people vote this bill on this site?
    Also, there is no time lines on when its going to be set for voting in House.

    It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.





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  • jthomas
    06-11 01:49 PM
    I assume you mean "Be prepared for some grilling ....".
    I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

    When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
    In your case you have a US GC in hand i don't know about those issues



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  • Euclid
    02-12 10:07 AM
    Hi Ann,

    Thanks so much!


    Hi Euclid,

    In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

    Ann


    Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

    A The �receipt rule� is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
    An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
    32
    1.
    A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
    replacement document to complete Form I-9.
    Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.





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  • b072707
    10-29 10:20 AM
    Got the receipts by calling USCIS. good luck to all.



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  • jsb
    08-29 01:10 PM
    Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?

    This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.

    They should better post where they are based on PDs, and work based on that too.





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    January 4th, 2005, 07:35 PM
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  • santb1975
    02-14 12:03 AM
    These are lengthy but...


    Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org

    Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?





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  • pappusheth
    05-02 12:02 AM
    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.

    Thanks snathan. I do plan to carry I-797. When you say "you will be given till Aug 2009", what are you referring to?



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  • drak70
    03-08 10:42 AM
    Here is my experience

    My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least

    As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial

    In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months


    In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online





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  • saro28
    09-09 08:43 PM
    Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
    Did you try that option?



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  • sandy_anand
    01-24 10:17 AM
    We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

    Thanks!





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  • DUNBAR
    09-22 12:48 PM
    My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.



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  • sukumar05
    10-08 04:57 PM
    i am in the same boat..applied for GC in august but not married yet..
    From my understanding, i can add my spouse later when she's here and my PD is current but before my gc is approved.
    there are two worst case scenarios,
    1) If GC gets approved before marriage. there's nothing i can do other than marrying someone, who has her own visa. I know this won't happen.
    2) GC may get approved even my PD is not current but after marriage, then I would have 6mo grace period to apply for her. This may happen due to uscis messing up with dates..

    Please someone let me know if I am missing something..





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  • waitingnwaiting
    11-16 01:35 PM
    ABC NEWS: Will Congress Vote on DREAM Act for Illegal Immigrants in 2010?

    Senate Majority Leader Reid, Speaker Pelosi Weigh Lame-Duck Vote on Immigration

    By DEVIN DWYER

    WASHINGTON, Nov. 15, 2010�

    Senate Vote on DREAM Act, Immigration in Lame-Duck Congress? - ABC News (http://abcnews.go.com/Politics/senate-vote-dream-act-immigration-lame-duck-congress/story?id=12136182)



    They came through for him during a tight reelection campaign in Nevada. Now Hispanic voters are looking to Senate Majority Leader Harry Reid to return the favor.



    Reid has promised a Senate vote this year on a small piece of immigration legislation known as the DREAM Act, which would give hundreds of thousands of undocumented immigrants a conditional path to legal residency.



    "The answer is yes," Reid told Univision host Jorge Ramos in October when pressed about whether there will be a vote. "I have the right to bring that up any time I want."



    As Congress reconvenes this week for the final session of the year, Reid now has roughly a month to make good on his promise.



    Many immigrants and immigrant advocates, particularly Hispanics, have been disappointed by Congress' inaction on legislation to address the situation of millions of the country's undocumented immigrants, particularly those who are young children.



    However, Republican opposition to efforts to legalize undocumented immigrants, a packed end-of-year legislative agenda and a bleak track record for controversial bills during lame-duck sessions all cast doubt on chances of the bill's passage this year.



    The DREAM Act would grant legal status to immigrants who complete college or at least two years of military service and maintain "good moral character." It would apply to immigrants younger than 36 years old who arrived in the U.S. illegally as children under the supervision of their parents.



    "We are very confident this will come up for a vote," said Flavia de la Fuente of the adovacy group DreamActivist.org. "We are confident that the American people and that the moderate GOP will make the right choice when it comes to investing in the future of this country."



    Reid attempted to attach the measure as an amendment to the defense authorization bill in September, drawing intense protest from Republicans, who accused the Democrat of playing pre-election politics.



    Ultimately, Republicans blocked the effort to bring the defense bill to the floor for debate, precluding a chance of adding the DREAM Act. The bill also included a repeal of the military's "don't ask don't tell" policy.



    "We're going to vote on the Dream Act; it's only a question of when," Reid said after the vote. "It's a question of fairness. This is not the end of this."



    Many activists on both sides of the issue agree, however, that chances of the bill's passage are only going to grow dimmer with an influx of Republicans set to join the House and Senate in January.





    Roy Beck, president of Numbers USA, a group that favors tighter immigration controls and supports Republicans' efforts to block the DREAM Act, said the measure is flawed.



    "Some of these [immigrants] are compelling cases, no doubt about it," said Beck. "But you've got to draw some lines a lot narrower than the DREAM Act draws them. This is about giving millions of illegal aliens permanent work permits, and I don't think in this economy that this is a very happy time to be doing that."



    President Obama supports the legislation, as does Defense Secretary Robert Gates, who says it would help recruitment, and Education Secretary Arne Duncan, who says it's "the right thing to do for our country."



    But it's unclear whether the administration will push behind the scenes in the weeks ahead to make it a legislative priority. The Congress already faces challenging debates over whether to extend the Bush tax cuts, fund the federal government through 2011, and approve a controversial defense spending bill.



    "The president supports the DREAM Act and I support the DREAM Act. The president supports immigration reform, and I support immigration reform. And how Congress takes that up is for the Congress and the leadership to decide," said Homeland Security Secretary Janet Napolitano in September.



    The DREAM Act has received some bipartisan Senate support in the years since it was first introduced in 2001. It was approved as part of immigration reform bill in 2006, but the package later failed in the House. In 2007, the Act was filibustered when it came up for an up-or-down vote.



    Speaker Nancy Pelosi has decided not to list DREAM Act as a priority for this week, a senior Democratic aide told ABC News. But it could come up after Thanksgiving.



    According to the nonpartisan Migration Policy Institute, about 2 million of the nearly 11 million undocumented immigrants currently living in the U.S. could be eligible for legalization under the DREAM Act.



    The group also estimates, however, that only 825,000 of those immigrants would ultimately take advantage of the law if it were enacted.



    ABC News' John Parkinson contributed to this report.




    DESERT NEWS: Sign the Utah Compact

    Published: Sunday, Nov. 14, 2010 12:00 a.m. MST

    Sign the Utah Compact | Deseret News (http://www.deseretnews.com/article/700081235/Sign-the-Utah-Compact.html)



    Already recognized by Forbes Magazine as the top state in the nation for business, Utah further burnished its reputation for pro-family and pro-growth policies this week as civic, business and religious leaders signed the Utah Compact, a declaration for principled immigration reform.



    Historically, during periods of economic recession, business leaders and policy-makers have reverted to what economists call zero-sum thinking � the belief that one person gains only when another loses. When we only have so much pie, it is entirely rational to worry about how the pieces are divvied out. And when the pie is shrinking, the rules for who gets a slice become even more critical.



    Fixed-pied concerns are undoubtedly part of what lies behind the complex debate about immigration. There is understandable fear that immigrants might take increasingly scarce jobs and resources from citizens. And any public expenditure on immigrants, whether through social services or law enforcement, draws down a limited public treasury that deserves scrupulous stewardship.



    But people also intuitively understand that the best way to ensure more pie over the long term is not to hoard what is being served right now, but instead figure out how to expand the pie. This is what economists call positive-sum thinking � the belief that through exchange we can expand the pie, not simply fret about how it is divided.



    The recent recession, followed by a jobless recovery, has served up a fixed-pie economy. But zero-sum or fixed-pie thinking is never the path toward sustained prosperity. And as many of Utah's prominent civic, business, and religious leaders signed a declaration on immigration reform called the Utah Compact, they sent a powerful signal to the world that Utah embraces positive-sum, pie-expanding thought and policies. Instead of creating a hostile environment for immigrants, they have outlined thoughtful principles that embrace the promise afforded through immigration. They have sided with the consensus view of pro-growth free-market economists who recognize that immigration actually creates jobs and revenue. (www.nytimes.com/2010/10/31/business/economy/31view.html)



    Even more important than the powerful economic growth message inherent in the Utah Compact is its embrace of those core values that support a free, humane and prosperous society: respect for the rule of law, respect for families, respect for individual liberty and respect for the dignity and humanity of each individual. It emphasizes an orderly approach to the critically important concerns of enforcement and security.



    The Utah Compact is not itself a policy � it is a thoughtful declaration of principles that lawmakers should use as they work to craft pragmatic legislation that helps our state deal with the problems and promise afforded by immigration. We are impressed by the array of distinguished civic, business, and ecclesiastical leaders who have signed the Utah Compact or endorsed its principles. We encourage our readers to read the Utah Compact (The Utah Compact - Read the Utah Compact (http://www.utahcompact.com)) and sign it.



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  • Humhongekamyab
    08-20 03:17 PM
    I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.





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  • tnite
    10-05 09:32 AM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)

    Check this thread http://immigrationvoice.org/forum/showthread.php?t=14138
    The questions are the same.thats why someone asked whether you're related to eadguru





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  • greyhair
    06-22 10:02 PM
    I also work for Big4, but I work in IT. Wait time depends on your country of birth and the category of your application. If you are from India or China in Eb3, then you would be better off not applying because you will most likely retire before you get your green card.

    It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.

    You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.





    rinkurazdan
    05-31 11:17 AM
    Keep the cash rolling...for that will only save us from the gross injustice.





    pappu
    11-14 02:40 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    there is always some way...
    pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
    ask your lawyer or find out exactly what they screwed up.

    also let us know
    - is your lawyer a company lawyer or your lawyer
    - what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
    - did the comapny do ads? do you have the material or copy of everything that was sent?
    - is your company making profits. how many employees?
    - eb2 or eb3
    - has anyone been rejected before in your company?
    - how much time do you have on h1b



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