pooja_34
09-01 02:22 PM
I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....
Ignore her. She dozn't deserve a response...Seems to be a mental case
Ignore her. She dozn't deserve a response...Seems to be a mental case
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EB3_SEP04
08-20 03:05 PM
PD: 03 '05
ND: Jun 26 '08
Card production ordered on August 18, 2008
what's ur EB category? i see a lot approvals for EB2 folks who filed EAD in july, but few EB3s.
ND: Jun 26 '08
Card production ordered on August 18, 2008
what's ur EB category? i see a lot approvals for EB2 folks who filed EAD in july, but few EB3s.
kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
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kvranand
09-25 10:40 PM
I have received all of my family reciepts (I-485,AP,EAD) today from my attorney. Case filed at NSC and got the receipts with LIN numbers. Package reached NSC on Aug 10, '07.
RD Aug 13, '07.
ND Sept 19, '07.
RD Aug 13, '07.
ND Sept 19, '07.
more...
english_august
07-11 12:17 AM
A simple and easy way to spread this news would be to email the news coverage links to every one possible.
You are right and you can mail this link:
http://www.touchdownusa.org/floral/FloralProtest.html
I will keep this link updated with any new reports.
Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.
You are right and you can mail this link:
http://www.touchdownusa.org/floral/FloralProtest.html
I will keep this link updated with any new reports.
Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.
pt326bc
10-01 04:25 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
more...
GCcomesoon
11-06 02:51 PM
Hi
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
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delhiguy79
07-22 09:40 AM
Yes we have done that in Vancouver ... Landing ... next day H1 interview ... the next day to collect passport, the next day return to US
did they ask any questions while stamping? Like why r u keeping PR and filed GC etc?
Can u plz share experience.
I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?
Thanks
did they ask any questions while stamping? Like why r u keeping PR and filed GC etc?
Can u plz share experience.
I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?
Thanks
more...
feedfront
11-19 02:55 PM
Done.
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josecuervo
08-25 08:50 PM
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
Received the "Card Production Ordered" email this evening at 6.30PM EST.
Received the "Card Production Ordered" email this evening at 6.30PM EST.
more...
javadeveloper
07-20 09:12 PM
IF you are in such a big hole, you will have to come forward and work for yourself. We want others to work for us and solve our problems. That is my issue here. With 11.25 K EB3 members we would have still collected quarter million bucks.(@ 25$/person) If EB3-I does not care for itself, why would anybody else give a damn? (PS : I did contribute for the drive as I want everybody's issues with respect to GC resolved, not just mine)
So, the original post still stands true.
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
So, the original post still stands true.
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
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anzerraja
07-19 07:55 PM
Could you please let us know hwo to do it ?
Try to make the Post Sticky
Try to make the Post Sticky
more...
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mpadapa
08-27 10:28 AM
same with my spouses EAD application. My 485 is pending in NSC. Spouse's EAD pending at TSC, ND July 22 no LUD's yet..
My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
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desi3933
07-09 09:49 PM
Supreet:
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
more...
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amsgc
08-25 12:57 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
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imh1b
02-04 03:51 PM
I cannot stand the Sardar and his super corrupt party also sick of seeing that joker 'Rahul Gandhi' face they show him 24 X 7 on all Indian channels...I curse him every single day when I see his face in the Newspapers. These b..stards have eaten our country like parasites. If I go to India, I will have to see his face everyday...I'll rather see Obama..
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
more...
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ashwaghoshk
11-17 03:07 PM
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
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my2cents
04-30 05:08 PM
Look Here
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
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smisachu
07-05 10:19 AM
Hi Guys, I will send the flowers. This way we will get media attention.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
kvranand
09-25 10:40 PM
I have received all of my family reciepts (I-485,AP,EAD) today from my attorney. Case filed at NSC and got the receipts with LIN numbers. Package reached NSC on Aug 10, '07.
RD Aug 13, '07.
ND Sept 19, '07.
RD Aug 13, '07.
ND Sept 19, '07.
buddyinsd
08-26 01:47 PM
Whats ur PD? U r not current in Aug right?
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
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