Friday, June 24, 2011

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  • logiclife
    12-13 03:23 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.





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  • javadeveloper
    08-21 10:44 AM
    Please refrain from pushing OP to post employer details on public forum. Let it be OP�s weapon of surprise. I wish OP has contacted an attorney for fighting his case. If this is going to be an out of court settlement, then we shouldn�t expect complete details as well. OP's story should be an eye opener for all of us(Employees and Employers).

    Who'z OP?





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  • raj_k
    07-08 03:02 PM
    07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!

    Ignorance rules the debate .. hardly any surprise

    Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?





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  • srsga
    08-05 10:42 PM
    Count me in...

    My PD is June 2004

    I140 : Approved, Nov 2007



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  • ampudhukode
    12-25 01:07 PM
    No idea what to do. Any suggestions.

    And are you doing anything to try and speed up your case since PD are current ?





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  • h88
    02-05 04:31 PM
    Originally posted by senocular
    wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee

    Even more sometimes:

    http://www.kirupaforum.com/showthread.php?s=&threadid=11090



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  • myvoice23
    08-07 12:28 PM
    Hello myvoice23 ---

    How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.

    I am stuck with NC...my PD is 09/2004...

    Kiran

    not sure. What I got msg from IO when I went had infopass appointment.





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  • sashidhar_gundimeda
    07-03 09:01 AM
    Tangible:

    Medical - $145
    Photos - $16
    USPS - $35
    Fees - $650

    Total: ~850

    Intangible:

    1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.

    2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.

    3) Most importantly the frustration and disappointment from this huge mess.

    Lessons learned:

    1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.

    2) G.C. process is mainly based on luck and not on merit.

    3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.

    4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.



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  • gc4me
    04-18 08:53 AM
    I will take it :D
    In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.

    Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.

    1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
    2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
    Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.





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  • oguinan
    02-10 12:58 AM
    Guys, I'm as furstrated as everybody else with the process and I would like to direct that frustration into something positive. :)
    I live in San Francisco so my congresswoman is Nancy Pelosi and Dianne Feinstein's office is in the city.

    I'm very impressed with the momentum that this group is putting together and I would be happy to be a part of the work that you are doing.



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  • franklin
    04-17 07:52 PM
    I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..

    It does sound promising, unless you are still stuck in the BECs... Then, not so





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  • ChainReaction
    04-02 12:55 PM
    sent both faxes #10 & 11 :)



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  • krishnam70
    07-10 06:02 PM
    Lou Dobbs is playing to the galleries. The galleries are filled with people like him who are waiting for the sound bytes. The frenzy will keep increasing until it reaches crescendo like the NAZI campaigns. So we need to direct part of our media campaign towards stopping these lies. The only way we will get out coverage is to go out against the big ones and make the noise. We need to get all the ravings of Lou against the legal immigrants every sound byte , every word he uttered against legal tax paying wannabe immigrants( no nationality restrictions). If all of us unite and make a move against him it will make CNN see reason or Lou to talk facts and not the fiction he talks about us.





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  • ajithk70
    07-12 12:19 PM
    I got the link fron nbc website. check it out

    http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy



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  • Aah_GC
    11-19 01:55 PM
    RD - July 23. Haven't received FP notices for me and my wife. Received EADs. eFiled AP - got my receipt but not my wife.





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  • abhijitp
    07-07 08:50 PM
    If you are in the West, Nightly News is on right now and this news is coming up shortly.

    It was for about 2 minutes. The first time this issue got TV coverage I guess.

    Anyone captured it on video?



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  • GCVictim
    05-31 09:53 PM
    done. I think we need more sponsors for this bill





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  • logiclife
    03-29 01:32 PM
    Anyone is VIRGINIA interested in meeting with legislators? I am in Fairfax County, VA. Apart from posting here please PM me as well so we can get in touch quickly for the meeting.

    Get the appointment with your congressman by yourself and then try to find company to go with. If you cannot find anyone who can go with you, then go alone and do your thing.

    Get the documents from varsha or sanjay as mentioned in the first post and please follow the steps. They are very easy and everyone can do this alone if they cannot find other members in their local area to go with them.

    Thanks,





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  • EndlessWait
    07-27 01:13 PM
    to get the receipts. Lets not bug them and have them work instead on receipting. With over 500K+ applications, it'd be a while to get the reciept..
    oops did i mention EAD/AP..ur gonna have to wait a really long time on that one.





    kaisersose
    07-19 10:05 AM
    You are cutting it too close. If her flight is delayed, you are at risk.

    My suggestion is to have her get here sooner to give you folks enough time to get things done and to allow room for unexpected delays.





    yabadaba
    12-13 03:31 PM
    once the comment period for the new rule eliminating labor substitution starts, I will start a new thread and start a letter writing campaign by like minded members urging DOL to quickly enforce this rule.