aquarianf
04-25 10:27 AM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
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marty
04-18 04:25 PM
People with AOS pending and landed in canada on AVR or AP: how much you are confident that you wont be getting a notice of explanation from USCIS for doing the landing?
nixstor
06-22 01:45 PM
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
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paragpujara
08-18 12:30 PM
ADIT - Alien Documentation, Identification & Telecommunications System (ADIT Photo's no longer used by the USCIS )
ADIT refers to biometrics. What the approval notice is stating is that you will get your GC within 60 days or when you complete any ADIT processing that still needs to occur.
Some people are getting their GC approved without an up to date ADIT file. So the application is approved and an ADIT request is made. Once you complete it, they send you the card.
The old I-551 stamp was also refered to as an ADIT stamp, but I don't think that's what they are refering to here.
Don't worry about it, it's the standard message.
IF ADIT PROCESSING IS REQUIRED THEN IT WILL BE MENTIONED IN THE WELCOME NOTICE. THIS IS A STANDARD MESSAGE. I ALSO GOT THE SAME MESSAGAE BUT MY WELCOME NOTICE DOESNOT HAVE ANYTHING ABOUT ADIT PROCESSING. SO TAKE IT EASY.
When did you receive email and when did you receive your card ?
ADIT refers to biometrics. What the approval notice is stating is that you will get your GC within 60 days or when you complete any ADIT processing that still needs to occur.
Some people are getting their GC approved without an up to date ADIT file. So the application is approved and an ADIT request is made. Once you complete it, they send you the card.
The old I-551 stamp was also refered to as an ADIT stamp, but I don't think that's what they are refering to here.
Don't worry about it, it's the standard message.
IF ADIT PROCESSING IS REQUIRED THEN IT WILL BE MENTIONED IN THE WELCOME NOTICE. THIS IS A STANDARD MESSAGE. I ALSO GOT THE SAME MESSAGAE BUT MY WELCOME NOTICE DOESNOT HAVE ANYTHING ABOUT ADIT PROCESSING. SO TAKE IT EASY.
When did you receive email and when did you receive your card ?
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mita
08-10 12:49 PM
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
kuhelica2000
01-30 02:37 PM
You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
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sumansk
09-28 04:42 PM
Hello All..
Can anyone throw some light on why some cases have not been receipted so far and are pending for any action..No rejections, no receipts no cheques ..nothing..
I see guys already starting to discuss EAD and opening companise etc..
We are still waiting for the ACK fron USICS...
My case was received at NSC on 18Th July by R cook, whose name I havent seen in this frum...and no info so far..Called USICS and talked to 2nd level clerk but no receipted so far.. so they have no info..
Guys anyone can you please tell me what cud be the reason for such delays...
Can anyone throw some light on why some cases have not been receipted so far and are pending for any action..No rejections, no receipts no cheques ..nothing..
I see guys already starting to discuss EAD and opening companise etc..
We are still waiting for the ACK fron USICS...
My case was received at NSC on 18Th July by R cook, whose name I havent seen in this frum...and no info so far..Called USICS and talked to 2nd level clerk but no receipted so far.. so they have no info..
Guys anyone can you please tell me what cud be the reason for such delays...
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test101
07-09 05:17 PM
awsome ...did you get the list of emails i sent you via email :)
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isantem
11-17 03:49 PM
Done! VA
Thanks IV
Thanks IV
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capriol
09-13 02:32 PM
Dear All:
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
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vempati
08-21 08:54 AM
Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
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desi_scorpion
08-01 02:33 PM
Am in the same boat....485 submitted to NSC on July 2nd....140 pending in TSC. I called the Nebraska Service center at 1-800-375-5283, option 1-2-2-6-2-2-1 and the agent escalated my call ...then was told that if my I-140 was in Texas then the 485 will be tranaferred there. Its taking 6-8 weeks for receipt notices. On asking if transferring will take longer...she said no....will not take longer.
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SGP
11-18 01:56 PM
"There is no harm in trying. Leave no stone unturned."
This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.
I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.
Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.
This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.
I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.
Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.
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pd052009
11-17 03:28 PM
Sent to Sen. and Rep. of NC.
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hiUS
09-03 10:42 PM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Thanks for the info.
I heard some where that the problem with accessing with Biometrics for the transfered cases.
I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...
So, may be this is happening for the cases like mine...
Is your case also in the similar lines...
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Thanks for the info.
I heard some where that the problem with accessing with Biometrics for the transfered cases.
I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...
So, may be this is happening for the cases like mine...
Is your case also in the similar lines...
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cooldude
09-30 08:10 PM
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
Applied on July 19 at NSC and still nothing.
Anyone in the same boat?
Thanks,
-rk.
Applied on July 19 at NSC and still nothing.
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dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
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shlok
09-12 12:50 PM
Got EAD Cards :):)
Application Center : TSC
PD: August 2006
I140 Approved: 18 May 2007
I485 Filed : 02 July 2007
Checks Encached : 28 August 2007
Notice Date: 01 September 2007
EAD Approved : 04 September 2007
EAD Cards recieved : 10 September 2007
Application Center : TSC
PD: August 2006
I140 Approved: 18 May 2007
I485 Filed : 02 July 2007
Checks Encached : 28 August 2007
Notice Date: 01 September 2007
EAD Approved : 04 September 2007
EAD Cards recieved : 10 September 2007
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lord_labaku
09-16 07:24 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
drirshad
05-06 01:00 AM
Chill out guys ..........
If u r frustrated try Viagra ......
If u r not frustrated good for u .........
If u r neither search for the nearest escort service .....
If u r frustrated try Viagra ......
If u r not frustrated good for u .........
If u r neither search for the nearest escort service .....
senthil1
12-12 08:24 PM
If we see the history H1B and GC numbers were never increased except 2004 20k inpast 15 years In 2000 it was increasd temporarlily for 4 years.Also EB numbers were never increased except temporary reliefs.If it is increased by Skill bill in current form that is really an acheivement. If there is a possiblity they may increase H1B because that is temorary visa(But in reallity not) and GC numbers may remain same. But if increased to 115k then also cap will be reached in another 1 month because there are more number of Desi companies than number of H1Bs. Thats why they are asking exemptions for MS people and 20% adjustment for every year. We have to wait and see whether congress fall on this trap to do this without analysing the impact.
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