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  • waitforevergc
    05-09 09:35 PM
    Kshitij,

    Excellent letter. Thanks for sending it.

    I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.

    Others..please let us all write letters, if more people write, someone will take notice.

    Thanks.




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  • 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.




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  • chmur
    07-28 12:33 AM
    No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.

    For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?

    So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.

    Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)

    EB3-I will be foolish to expect EB2-I's to help them out .

    IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .

    I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.

    Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.




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  • InTheMoment
    06-14 03:46 PM
    Can you all tell which state you applied from?

    As per the bispecialization phase III of USCIS, I-485 applicants from eastern and southern states are processed at SRC (TX) while western and northern at LIN (NE).

    Let's verify whether this stands true...those who got their receipts can verify.



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  • subdhar
    08-24 01:35 PM
    did you get this approval from TSC or nebraska??




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  • vdlrao
    09-10 02:29 AM
    We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.

    All EB3 people please share your thoughts to resolve this issue.
    Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.


    Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.



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  • smuggymba
    07-21 08:22 AM
    My question is, what will happen after that?

    IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.




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  • fightnow
    07-06 07:13 PM
    Police will be there to keep things in order. No permit is issued but some registration has been done at the police department. All must stay on sidewalks! See rules in previous post.
    The timing was not so good. I post earlier talking about this event but did not attract much attention.
    One concern: people will lose their anger and get used to it in one or two weeks.



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  • mahujam
    07-28 12:54 PM
    Received by USCIS on 12th June.
    Lud on 18th June.
    No receipt received. Found SRC number through cashed check.
    No further movement yet.

    Eb-3/India/17th Jan 2003.

    Just got email. No card yet.

    Current Status: Card production ordered.
    On July 26, 2008, we ordered production of your new card

    update:
    Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
    The lud happened on 7/27/2008.




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  • reddymjm
    03-26 09:23 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2

    Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.



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  • vin13
    07-16 06:25 PM
    If u want to be fair, fight to remove country quota and not fight among EB categories




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  • mnkaushik
    08-31 10:11 AM
    Congratulations mnkaushik?

    How many such cases are with uscis? And what happens to the one you filed for yourself?

    During July 07, i know some of the couples did apply twice once a primary and other as dependent on the other. In July 07, wife and i did not take that approach and had separate applications. In August 08, i applied for my second 485 as her dependent since i would have to wait a decade to get gc through my application. For now, my other application shows under review. Once i get GC in my hands, then i will ask my compnay lawyer if there is a need for withdrawing my other application.



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  • gimme_GC2006
    07-05 01:01 PM
    There is a website which is tracking all desi employers and their leelas

    http://www.h1bmates.com



    oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..




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  • dicarol18
    08-13 03:25 PM
    I-140 approved from Texas.

    That's great, I guess Texas is moving now..:)



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  • anzerraja
    07-20 12:38 AM
    Thanks Very much !!!

    One more person in the 320 group. Awesome, we are going to make it happen tommorow !

    I pledge for 200$.




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  • ponvas
    10-09 12:23 PM
    Action item for IV, besides visa recapturing etc. Its one of the items they
    should add to there agenda.

    Who are you to dictate how they should process? It should be their preference.



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  • anzerraja
    07-20 09:01 AM
    Here is the updated spreadsheet

    http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en

    Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.

    If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?




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  • dtekkedil
    07-03 02:26 PM
    Please send following message :


    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration

    Don't worry, we will wait for 100 years for our green card.

    I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!




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  • TeddyKoochu
    09-23 04:57 PM
    With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate

    Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.




    kshitijnt
    05-09 07:15 PM
    Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.

    I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.

    The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.

    Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.

    The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.




    harikris
    09-10 09:28 PM
    Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.

    I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.

    If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.

    The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.

    These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.

    Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.

    Deepak,
    You are very practical and have excellent points.
    Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.

    I am becoming a donor for the following reasons -
    1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
    2. It is not free to get anything done in the commercial capital of the planet
    3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
    4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.

    Wish us luck and my best to everyone in all their endeavors.



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