Dipika
09-17 12:27 PM
Congratulations sku! enjoy your freedom!
can you guide me how to find congressman of my state (NJ) and how should i write to senator and congressman?
can you guide me how to find congressman of my state (NJ) and how should i write to senator and congressman?
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gcformeornot
12-12 09:21 PM
I see 136 members and 297 guests online! I wonder why guests have more tensions than members?
reedandbamboo
07-30 12:32 AM
I read this on an investing forum:
old saying in commodities:
"they take the staircase up and the elevator down"
old saying in commodities:
"they take the staircase up and the elevator down"
2011 See below to download clip art
franklin
07-12 01:57 PM
Just tried sending you a PM but it says you have exceeded your stored private messages quota and can not accept further messages until you clear some space. Perhaps you could activate the ability for members to send you an email?
Thanks - I just emptied things out!
Thanks - I just emptied things out!
more...
JazzByTheBay
12-13 09:02 PM
... are tilting towards making IV an organization driven by and funded by membership dues... which is great to know!
Once again, this is not for the IV web site, or just for the web site/forums, but for IV as an organization.
I was expecting a lot of opposition to this, but so far the tilt shows more Yays than nays. The sampling, however, is still far too small and perhaps not representative of the vast majority of IV membership.
Not the final verdict, but it's great to get input on this debate and thought process.
cheers!
jazz
Once again, this is not for the IV web site, or just for the web site/forums, but for IV as an organization.
I was expecting a lot of opposition to this, but so far the tilt shows more Yays than nays. The sampling, however, is still far too small and perhaps not representative of the vast majority of IV membership.
Not the final verdict, but it's great to get input on this debate and thought process.
cheers!
jazz
americandesi
09-12 01:30 PM
Your attoney should be able to defend your case based on you salary more than PW.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.
It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.
It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.
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chanduv23
07-02 02:56 PM
I am not sure what happened to them. I just saw the list.
Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.
Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.
I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years
Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.
Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.
I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years
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gc4me
11-16 08:42 AM
http://www.nytimes.com/2006/11/15/business/15visa.html?n=Top%2fReference%2fTimes%20Topics%2fS ubjects%2fI%2fImmigration%20and%20Refugees
more...
rupchikgulti
10-07 11:37 AM
Well, it doen't make sense to buy any kind of property any where in universe now as they are all coming down. Some already had and some are near to the situation.
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makino_a55
06-07 12:29 PM
So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops.Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.
keep the good work going we are with you guys
keep the good work going we are with you guys
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gsc999
02-14 08:14 PM
Ghandi said:
1)- 1st they ignore you
2) - Than they laugh at you
3) - After that they fight with you
4) - Than you win!!
I count the awareness that IV has created in the community about our issues among one of the successes of this organization. If "do-nothing" people like viva and his posse can spend so much time on our website that is an achievement. Per Gandhi's continuum we are in the 2nd/3rd stage:D
Soon my lovelies soon! We shall win some relief and that would be the day I will remember for a long time. You all can imagine what these people would be doing ;)
1)- 1st they ignore you
2) - Than they laugh at you
3) - After that they fight with you
4) - Than you win!!
I count the awareness that IV has created in the community about our issues among one of the successes of this organization. If "do-nothing" people like viva and his posse can spend so much time on our website that is an achievement. Per Gandhi's continuum we are in the 2nd/3rd stage:D
Soon my lovelies soon! We shall win some relief and that would be the day I will remember for a long time. You all can imagine what these people would be doing ;)
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Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
more...
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vasa
04-10 10:30 PM
continuing the discussion further why not sell Tshirts/caps and other goodies.
It may have an upfront cost attached but can be good source too... and i am sure if there are 3000 members atleast 2000 and above would like to buy it ...
thoughts???
It may have an upfront cost attached but can be good source too... and i am sure if there are 3000 members atleast 2000 and above would like to buy it ...
thoughts???
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axp817
03-31 01:22 PM
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
I assume you meant to say "denial would have been in error".
I assume you meant to say "denial would have been in error".
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arunmohan
06-12 03:13 PM
At least we should know that what is cooking inside. Because people are hanging here from 2001, USCIS should let us know how many GC(s) assigned to EB-3 India/ROW in 2008.
I would like to add one more item here but I don't know how many know this fact. I have seen and know that when someone wins a green card from Lottery, USCIS gives GC to all dependent family members of that person and they count one GC but in EB base they count GC for all family member(Primary applicant plus all his/her dependents). I think this is an Unjustice with us. We should raise this issue too.
I would like to add one more item here but I don't know how many know this fact. I have seen and know that when someone wins a green card from Lottery, USCIS gives GC to all dependent family members of that person and they count one GC but in EB base they count GC for all family member(Primary applicant plus all his/her dependents). I think this is an Unjustice with us. We should raise this issue too.
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belmontboy
09-15 09:20 PM
What works for someone may not work for us. VXG and others were lucky we are not as simple as that which does not mean that we left any stone unturned...it just doesn't work that way.....but again will keep on trying...
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
u going to talk in girl's tone? :D
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
u going to talk in girl's tone? :D
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misanthrope
10-03 04:17 PM
You attack the EB3 calling them third grade workers to begin with and then talk about arguing fair....
Again, you are making false accusations that are absolutely baseless. I have already asked you in my reply to your previous post to prove what you are saying.
Till now, nothing.
Again, you are making false accusations that are absolutely baseless. I have already asked you in my reply to your previous post to prove what you are saying.
Till now, nothing.
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vikram2101
08-22 01:50 PM
Here's an anecdote -
This was back in the late 80s, when I was growing up - in Bangalore.
India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.
Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..
But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?
This was back in the late 80s, when I was growing up - in Bangalore.
India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.
Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..
But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?
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NNReddy
04-18 06:32 PM
Same company porting is more successful than different company porting. That's what I have been observing. What are your guys thoughts on this??
DSLStart
09-17 02:01 PM
How much do these ppl eat? and Bush says food scarcity crisis is because of India ;)
Is 25 mins not up yet.... this is worse than the so called Indian Standard Time.
Is 25 mins not up yet.... this is worse than the so called Indian Standard Time.
kumar1
03-11 02:21 PM
jsb - I received an email today from CRIS that they have issued an RFE on my I-485. I am EB-3 India September 7, 2007 I-485 filer with a PD of June-2005. Like you said, they do not consider country of chargeability until the case is all set to approve.
Otherwise, why would they touch a EB3-I case with PD of 2005.
I am not sure what are they looking for in FRE. I want to get out of this game now....one way or the other!
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
Otherwise, why would they touch a EB3-I case with PD of 2005.
I am not sure what are they looking for in FRE. I want to get out of this game now....one way or the other!
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
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