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  • santb1975
    01-27 01:33 PM
    The employer does not seem to be clean. Please don't set yourself up for stress and abuse



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."





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  • gc_chahiye
    12-18 08:15 PM
    Thanks for explaining this clearly. 2 Questions:

    1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?


    filing of MTR does not give you status, once they accept it, yes you are in status again.


    2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?

    yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.





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  • waiting_4_gc
    08-28 02:56 PM
    Zoozee,
    Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?

    Me and my my spouse are attending DC rally flying from San Jose.We did even attend San Jose rally.





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  • eb3_nepa
    06-26 11:47 PM
    This is by far THE MOST RIDICULOUS suggestion on this forum I have come across.

    Sorry man, this wont work for ANYONE out here. We have been waiting since TWO AND A HALF Years to file and now you want us to wait for 15 more days only to realize that USCIS may actually yank the rug out under us. I mean think about it, we will all feel like MONUMENTAL FOOLS if that happens. Try explaining THAT to your spouse who has been waiting for 2 years or more to apply and get an EAD. I know mine would KILL me if i even suggested that to her ;)



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  • FinalGC
    01-05 09:40 AM
    Dear friends:

    As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.

    Reasons why you should do PMP
    1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
    3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
    4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
    5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.

    I hope this should help some of you to make a decision to be a PMP or not.





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  • Jaime
    08-31 05:23 PM
    no jaime, there are excuses:

    i did not get a receipt, without that how can i think of GC?

    i filed 485. now why should i care?

    (top two!)

    my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?

    there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.

    apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:

    Paskal, you are right! Yet there are also thousands of concerned members, and others who don't yet know of IV. Also, any of the people that you mentioned can have a change of heart. People are essentially good if they see the goals and reasons clearly. Let's encourage them, and go for it! Over 10,000!!!



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  • leo2606
    01-04 06:46 AM
    :D:D:D That's funny.

    Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?

    Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).





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  • seahawks
    08-10 10:16 PM
    LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.

    But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.

    Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.

    I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.

    The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?

    Thanks and appreciate everyone's understanding.



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  • apahilaj
    12-03 03:28 PM
    Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:

    I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...





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  • goel_ar
    04-21 08:46 PM
    Instead of sending emails, wouldn't it be better to send USPS mail or faxes?

    I have sent electronic forms to state senators & whitehouse.gov.



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  • mheggade
    12-27 03:53 PM
    Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
    So my glass is half full. :D

    yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.





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  • kartikiran
    11-03 09:19 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.



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  • vasa
    08-21 02:21 PM
    Hi All,
    I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

    i have just once concern (well more of clarification than a concern):

    - if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
    - if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

    i may have few terminologies wrong so apologize for that.

    will appreciate a response.

    Thanks





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  • crystal
    02-10 08:44 PM
    my receipt also start with wac currently in nsc and there is an lud on my case today .



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  • BMS1
    10-11 04:34 PM
    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.





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  • WeShallOvercome
    06-17 07:28 PM
    LC applied : Dec'2003
    Approved : July' 2006
    I-485 RD : July' 2007
    I-485 AD : Nov'2007

    - How has greencard changed your life after receiving it?
    A cautious sense of freedom. Suddenly a lot more opportunities opened up and more employers started to show interest. My Desi employer is suddenly on the receiving end and I dictate the terms. Yes, Still workiing with them after 6 months, but that was my own decision to stick with them. Leaving them next month for a 50% raise in salary :)

    - What did you do on the day you received it?
    I got up at 7:00 that morning of Dec 3rd, (starting dec 3rd my date was not current anymore) , still half asleep, checked my email and got the shock of my life --"Welcome notice sent..." checked it multiple times then woke up my wife and almost dragged her to the computer and made her read the emails with half closed eyes... Our town recieved record rainfall that day and all streets got flooded, so no work :) Went to a Thai place for dinner that night with another family who are very close friend of ours.

    -How did the long wait upset your life?
    The feeling of uncertanity was terrible. Had to deal with the employer on a daily basis. They sat on my paperwork for 6 weeks, made me sign a million agreements and still did not file my case in June even though my date was current. I was devastated on the morning of July 2nd and rest is very well known to everyone here.

    -How did immigrationvoice help you during this long wait?
    What can I say? IV took me from what I mentioned in my last point to where I am right now - Waiting for my paycheck with 50% more and above that without any doubts about it coming :)

    - Would you like to continue your support to immigration voice and help others waiting?
    YES - Or I wouldn' be here 6 months after gettting my GC. Sent another contribution of $50 today.(Paypal Transaction ID #23M509897Y2455252)

    - Any advice for everyone?
    Have faith in yourself and God. and remember whatever happens , happens for the best.. Even We agree that the GC came at the right time for us. My wife got to spend 100% of her time with our daughter until she was ready to go to a pre-school. And we got a very good friend during the DC rally.. Hello EB3Retro ! :)



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  • alisa
    04-14 11:22 AM
    Sorry about my ignorance. I had made an incorrect statement confusing 'Other worker' category with EB-3. I deleted that.

    Anyways, this date will go back once the backlogs are eliminated. Just like they pulled 'Aug 03' out of their asses this month, they will pull another date in six more months.

    Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.





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  • Blessing&Lifeisbeautiful
    08-08 05:44 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?





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  • psaxena
    11-02 03:00 PM
    MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn

    I want my GC now... booohhhoooooooooooooooooooo

    Okie thats it, my prediction thingy done.. back to work with desi tharra.





    nozerd
    01-04 10:30 AM
    The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.





    coopheal
    08-10 09:52 AM
    .

    FYI.
    I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
    Does this look like a fraud to you ?

    I am not saying to you in particular.
    But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.



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