HarshJ
01-06 12:31 PM
Hi,
I had started the thread a while back and I am glad to tell that I finally got my FP notice and completed the FP process.
I had opened a SR on Nov 5th after filing I-485 in July (receipt date Jul 23rd). I got a standard notice in Dec first week indicating that they shall schedule a FP notice when there is an opening available at ASC ( I guess a standard reply from what I have read in the posts). I then took an info pass on Dec 8th and it was also a seemingly non fruitful visit.
Finally on Jan 2nd I got a voice mail at work from attorney (dated Dec 26th) that my FP appt was on Dec 27th. I never got any notice to this effect till Jan 2nd in mail. Hence the attorney sent me his copy by FedEx and I drove the very next day (Jan 4th) to the ASC in Oakland, CA. I explained the situation and they were kind enough to schedule me the same day. The process was pretty straightforward, and was completed in about 10-15 minutes.
My spouse on the other hand did get her notice in mail and her FP appt is on Jan 11th.....
So am not sure what worked....the call to CS, taking an infopass, or just plan praying :)
Anyways, I wish everyone luck here.
I had started the thread a while back and I am glad to tell that I finally got my FP notice and completed the FP process.
I had opened a SR on Nov 5th after filing I-485 in July (receipt date Jul 23rd). I got a standard notice in Dec first week indicating that they shall schedule a FP notice when there is an opening available at ASC ( I guess a standard reply from what I have read in the posts). I then took an info pass on Dec 8th and it was also a seemingly non fruitful visit.
Finally on Jan 2nd I got a voice mail at work from attorney (dated Dec 26th) that my FP appt was on Dec 27th. I never got any notice to this effect till Jan 2nd in mail. Hence the attorney sent me his copy by FedEx and I drove the very next day (Jan 4th) to the ASC in Oakland, CA. I explained the situation and they were kind enough to schedule me the same day. The process was pretty straightforward, and was completed in about 10-15 minutes.
My spouse on the other hand did get her notice in mail and her FP appt is on Jan 11th.....
So am not sure what worked....the call to CS, taking an infopass, or just plan praying :)
Anyways, I wish everyone luck here.
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YesGC_NoGC
06-27 10:19 AM
What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
h4help
09-10 10:30 AM
july 5th filer; no reciepts yet !
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:
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nashim
06-02 08:44 AM
Please share your experience, if any one come across this situation
more...
immigrationvoice1
10-08 10:29 PM
Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.
Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
thomachan72
05-23 08:25 AM
You seem to be acting more in your interest than larger good of the members of this community. You have been quietly browsing all this time and suddenly became a member and starting whining and complaining of what IV is doing. You don't need to get hyperactive and start freaking out. Relax and do what IV is requesting you to do at this time. There are a lot of items & issues IV is working on and they have prioritized some of them as very important which affects the larger members of this group. These important ones are what they are concentrating for now. If you do not like what IV is doing, you are more then welcome to move on and do what pleases you. But please stop discouraging & instigating other members with your stupid comments.
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
more...
arunsarun
06-22 12:23 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
Its our fate
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reddymjm
05-01 09:48 AM
Count me in for the Lawsuit
more...
dkann
08-25 05:01 PM
I applied for EAD and AP renewal on June 30. I received AP approval on July 18th and got EAD approved on August 15th.
dkann
dkann
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indianindian2006
08-25 04:50 PM
I got a response from Tier2 officer that there are no Visa numbers available. She was pretty pissed that there hell a lot of indians calling and was close to making it racial. She read from a report that DOS sent to USCIS (page 31 is what she quoted) where she said there are no Visa numbers available. I am assuming its for this month.
Did you call TSC or NSC.
Did you call TSC or NSC.
more...
ArunAntonio
07-09 06:01 PM
Naveen
drona
Can you guys also update the 'Gandhigiri' in Wiki
- AA
drona
Can you guys also update the 'Gandhigiri' in Wiki
- AA
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SunnySurya
08-29 01:51 PM
Yes, I do have an update. See my posting the Lawsuit thread.
Any update on your lawsuit?
Any update on your lawsuit?
more...
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gsc999
07-10 06:17 PM
PM me, I can send you conference call details
--
I just sent a PM to him with the details. yetanotherguyinline, please check your PM.
--
I just sent a PM to him with the details. yetanotherguyinline, please check your PM.
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nixstor
08-19 07:15 AM
Guys,
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
more...
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dtekkedil
07-02 10:39 PM
I'm with you!
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sam_hoosier
12-17 02:33 PM
This is personal experience, people may have different view.
Looking at your post, I couldn't help wondering why you are still here ?
Looking at your post, I couldn't help wondering why you are still here ?
more...
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Goodintentions
02-04 08:36 PM
Dear All,
Even if we have issues, let us all sink our differences, present a united front and contribute! I am sending my contribution by cheque and I have also written a personal mail to all my friends!
Kindly contribute whatever you can, by cheque!
I request all of you to recall the famous lines :
Little drops of water. Little grains of sand,
Make the mighty ocean, And the beauteous land !!!
Hope all of you will turn up in large numbers and also contibute your mite (big or small) and make every effort to make this even a success! Moments like this come not too often! Every opportunity is worth the try!
Thank you! May GOD Bless the efforts of IV!
Wishing the Advocacy event a grand success!
Even if we have issues, let us all sink our differences, present a united front and contribute! I am sending my contribution by cheque and I have also written a personal mail to all my friends!
Kindly contribute whatever you can, by cheque!
I request all of you to recall the famous lines :
Little drops of water. Little grains of sand,
Make the mighty ocean, And the beauteous land !!!
Hope all of you will turn up in large numbers and also contibute your mite (big or small) and make every effort to make this even a success! Moments like this come not too often! Every opportunity is worth the try!
Thank you! May GOD Bless the efforts of IV!
Wishing the Advocacy event a grand success!
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rajeshalex
08-04 02:07 PM
congrats in advance. U are going to get gc soon.
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gc_maine2
07-02 09:27 AM
I understand your frustation.. use caution while while writing.. don't use bad lang...
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
b_boy
02-22 06:01 PM
well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
crystal
07-07 10:10 PM
If nothing works I want #3 :D . I lost 2000$ for this crap .:mad:
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