Friday, June 24, 2011

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  • surabhi
    07-20 05:09 PM
    It requires 3/5th majority( 60 votes). Excerpt from

    Question: On the Motion (Motion to Waive CBA Cornyn Amdt No. 2339 )
    Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
    Required For Majority: 3/5 Vote Result: Motion Rejected

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  • Alabaman
    04-16 08:18 AM
    I signed up for recurring contributions... go IV!!

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  • casinoroyale
    06-25 02:41 PM
    " application is accepted ", just to be sure, you mean, its not " application is approved " ?

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  • bindas74
    03-17 10:39 PM
    You all are right that we should not divide ourselves on EB2 and EB3 basis. But it is true that there is no hope for EB3 unless the point is raised for it in IV drive. EB3 is a hopeless case. People are so frustated since they are unable to decide about their future. Let's do something for it too.

    I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....


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  • enthu999
    04-14 07:18 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

    Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
    Rememeber GC is for future employment, as soon as the dust need to find a job!

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  • DSLStart
    08-23 01:10 PM
    Your case is a low hanging ripe fruit for them. Keep your fingers crossed in Sept.


    I have seen lots of posts about do we know if any case has been pre-adjudicated or not?...recently i got an RFE on my spouse case for Marriage Certificate and Birth certificate bonafide..there is no RFE on my case and had an FP done on 08/11/2009 second time and noticed soft LUD on my case on the day of FP...dose this means they are working on my case...:confused::confused:


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  • eager_immi
    07-18 09:57 AM
    You have 2 choices:

    1. If your PD is before 2003 they it may become current in Oct and you can file for her, but if not then it is highly unlikely the dates will move in the next several years. If you both are not born in India/China ur chances are better.

    2. She continues on her H1 and wait till your priority dates become current which can take upto 7 years.

    This is a very bad situation i would highly recommend that you move heaven and earth together to get married and file this month. Pardon me for saying so but ur stars are alligned till Aug 16th only. Good Luck!

    Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married, then, what are my options?

    Thank you,

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  • admin
    04-03 10:38 AM
    On the one hand we are fighting hard to get amendments. On the other hand we're also fighting hard to make sure that our provisions are not taken out. Just to give you further details, Diane Feinstein was working hard to introduce an amendment that would remove the exemptions for Dependents and STEM. Just think how much of a blow that would have been if those exemptions were removed.


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  • needhelp!
    02-24 06:30 PM
    Did AILA actually file a lawsuit?

    Care to tell me how?

    It was lawsuit filed by AILA, efforts by IV and other groups that reversed the decision. Gandhigiri in this country has very little value. This country works on laws/court system. We need to get laws to help us and we need support groups like IV to make that happen. Or else we can pray to God to shower some green.

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  • aditya
    11-10 01:56 PM
    game over for lame duck


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  • desi3933
    08-10 10:43 AM
    My question involves employment and labor law for the state of: CA

    I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:

    SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

    Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

    Thanks much!

    What is your salary on H1 LCA? Is it 55,000 year?

    If you're paid > LCA Salary, then probably nothing much can be done.

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  • eager_immi
    07-18 01:12 PM
    What is your PD and EB category. This discussion won't go anywhere without that information. Raj3078/anybody,

    Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).



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  • sanjeev_2004
    08-22 10:42 PM
    Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.

    USCIS doesn't stop the application process just because your PD is no longer current

    This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)

    "pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.

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  • When485
    08-13 11:24 PM
    I hope you get in time before your EAD expires. My EAD was expiring on 09/24 and my employer submitted on June 24 (no efiling) & RD dt June 24; Got my EAD approval email on 07/28 and card received on 08/01/2008; but renewed EAD runs from 7/30 - 7/29/2010; I did not mind the disappearance of 2 months. Which service center did you apply

    I got a new job and joined on EAD. left 3 yr h1 validity for this job
    Current ead expires on sept 5 th, if i don't get renewal by then , i would lose my job as it's big company. I field on June 24th and receipt date is june 25th
    any inputs if i can do anything before 90 days


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  • pappu
    06-12 01:49 PM
    kumarc123 I merged your thread + created a redirect with this one because of duplicate post and same discussion on your post in 2 places.

    Will respond to your other post soon. Pls look at us as people like you rather than venting against us for everything.

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  • truthinspector
    07-09 02:42 PM
    Aaj nahin uthogey toh kab uthogey....
    If not today, when shall you wake up????

    as somebody was suggesting in another thread, can you please post your comments in English for non-hindi speakers like me. Thanks.


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  • anilnag
    01-23 11:48 AM
    It is typo.

    I knew no one will believe it. But Ron is saying it from the beginning of this year that EB3I will move considerably briefly later this year. Check out the following thread.

    Ron's Quote: I think that we will see quota relief this year. If so, your priority date will become current this year. That's the good news. The bad news is that this has nothing whatsoever to do with CIS processing, which will not only remain slow, but will undoubtedly get slower.

    Anyone familiar with the 'Quota Relief'? Pls throw some light.

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  • bestin
    11-03 07:12 PM
    AFAIK you can not deposit rupees in NRI account. only dollars
    you have two typres.NRO and NRE

    NRO-Only one way

    NRE-2 way.

    Balances held in NRE accounts can be repatriated abroad freely, whereas funds in NRO account cannot be remitted abroad but used only for local payments in rupees. Consequently, funds remitted from abroad or local funds which can otherwise be remitted abroad to the account holder can only be credited to NRE accounts. Funds which do not qualify, under the Exchange Control regulations, for remittance outside India are required to be credited to NRO accounts.

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  • cse_us
    08-13 06:55 PM
    Efiled @ NSC on may 19th.
    FP on july 3rd, still no approval.
    My current EAD expires Aug 30th.

    1) Requested expedited processing via phone.
    Received email saying to wait for next 30 days.

    2) Called NSC, agent gave a fax number and asked me to provide Emp letter.
    Faxed the Emp letter and also a covering letter.

    3) 2 weeks passed, still no reply, called up NSC again, explained situation that I wld lose my job if i dont get EAD extension by this month end. She opened a Expedited request and told me to wait for 10 days.

    4) As a back up, I also took infopass appoint for next monday (90 days will be over by then)

    Believe me, its not easy going thru these phases.
    I do not know how to reach my congressman/senator, Anyone here, pls let me know. I am from fremont, CA.


    07-10 11:50 AM
    USCIS is aware of it but they're not planning on keeping it. D

    07-20 06:11 PM
    I think its already failed. Needed 60 votes to pass and 5 didnt vote(i guess they dont wait for the people who were absent while voting)

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