Friday, June 24, 2011

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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.




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  • scorpion00
    08-13 05:56 PM
    What a stupid post.
    Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
    I am sure there are many more like me who were qualified for EB2 but applied in EB3.
    If this is the best you can come up, I really hope that this was your first and last post.




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  • acecupid
    07-16 07:36 PM
    Signed it !:D




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  • smisachu
    12-21 12:03 PM
    Any one...Any suggestions:confused::confused:



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  • forever_waiting
    04-22 07:26 PM
    eb3chinese.org was the site created. But of the info is in Chinese.

    I had gone through their presentation sometime back and they were basically complaining about how EB india gets most of the spillover and they don't (along with some common arguments about visa recapture, FIFO etc etc.) You should be able to get details from their class action doc against USCIS uploaded on the site.
    when news of this class action lawsuit initially came out, lots of folks on IV were mad at why we were not joining in and that we should launch a barrage of lawsuits against USCIS as well. IV core at that time calmly explained that lawsuit options have been explored and will not be viable but few people listened.
    Anyway a recent update on this forum shared that they lost the lawsuit. So on hindsight we saved ourself lot of time, effort and money.




    Hey forever,
    What is this lawsuit? Do you have info?




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  • snathan
    04-27 11:47 PM
    Agreed that this will throw out all the crappy body shoppers. This is what we need in future not to make it difficult for future h1-b or other people. We should infact support this bill as this will weed out many Indian Body shoppers and benefit everyone.

    This is nothing new but most of it is just implementing what is already in low. Thats my take on it.

    Throw your GC and become H1...then you will understand the meaning of this bill



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  • jonty_11
    11-16 10:56 AM
    we try to mention in our media interviews about us paying all the taxes and playing by the rules, still the anti immigrants pursue this misinformation campaign against us. We will all try to ensure that in every media interview we say that we pay all taxes..
    And lets stop answering back to those hate monger anti immig. people on stienreport.com. It serves no purpose for us to boil our blood and reply to those retarded posts.




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  • p1234
    10-02 04:52 PM
    My personal opinion is that other than few algorithm, electrical design, compiler design kind of jobs, most jobs in Computer applications can be done by an EB3/EB2 person. It's only how your company treats a particular job opening that you get designated as EB2/EB3. I could file in EB2 and lots of top-rankers from my class could only file in EB3. Does that make them any less capable than me?? Nope!

    Correct. gctest is a very narrow-minded individual just like some of the phds are.

    I have read many papers published by these phd students during my MS coursework. Many of them are an absolute trash!
    They propose something which has bunch of shortcomings and then list them down as future work.
    Others come along, look at the future work section and propose something else with one less shortcoming
    and so on...
    Every researcher says his/her proposal is better and runs biased set of tests to support the claims.
    99% of such research papers would be used as toilet papers in India by the homeless!
    Industry doesn't even look at most of this academic trash.

    Most of these phds (not all) end up as lecturers making people yawn in the class.

    The real productive ones that graduate from top notch universities, the cream of the crop that achieve breakthroughs don't come to this public forum and trash people around.
    They are the EB1, no wonders gctest is clubbed as EB2, is he any better than any of us?



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  • rsayed
    08-19 02:52 PM
    Well, s/he did say s/he was proud to be an INDIAN-American, didn't s/he? In the order you wanted...

    hyuk...hyuk!!! :D:D:D




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  • bfadlia
    01-08 04:02 PM
    They moved from 8/1/2002 to 9/22/2002.
    According to the I485 inventory they published, there is what.. 400 cases between these two date, why only move 400 cases per month = 4800 per year when the annual quota for EB3 ROW is what.. around 30,000?
    Never mind the spillover, can ROW just get its normal quota at least?



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  • javadeveloper
    11-25 08:10 AM
    What are the steps to follow to switch over to EAD, do i have to fill out some form and how do i i nform uscis ?

    Use EAD for working by filling I-9 form with your employer.Informing USCIS is optional.




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  • rkgc
    12-29 05:44 PM
    done, thanks for the link



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  • pbojja
    06-12 06:12 PM
    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.



    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.

    Not sure whatz ur point , But here is the deal EB2 has more numbers because of roll overs from ROW and EB-1 and they are ahead of EB3 .

    If we talk about ridiculous things here are some

    ROW EB2 - 2008 can get a green card before Indian EB2 -2004
    Counting Dependents under Employment based
    CIS wasting Visa Numbers even when they had 500 k pending applications




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  • jnraajan
    03-13 01:28 PM
    When you join a state chapter or a group in your area, it is not necessary to conduct face-to-face meetings everyday/every week, although in person meetings wouldn't hurt. The idea is to create a channel to dissipate information through channels other than WWW. Believe it or not, there are lot many folks from anti-groups who lurk around just to keep an eye on us. Participating or becoming part of the group near to you and encourage others to do the same will also help to build/strength a group of like minded folks in the area who could then team-up to meet with local lawmakers from your area/state. We are a grass roots organization and we need to have a stronger grassroots in order to continue to be more effective. As I said earlier, this channel also is very useful to dissipate information which cannot be shared on world wide web.

    Now a days when everybody has presidential election on their mind, immigration issue is not on the list of things to do for most lawmakers. As such, it takes time for the updates and the there are updates that cannot be disclosed on www. We continue to work on our issues in manner we have always worked in the past. And in the absence of Congress not taking up our immigration issues, it some how becomes our fault even though it is ok if some folks would show up from time to time and suggest that they have reasons not to join a google or a yahoo group. And all of a sudden the problem is with organization and the manner in which we work and then there is an urgent to create a �process�. Although you seem to be suggesting that you want all the ducks in the row and world peace issues sorted out before you will start accepting updates in exactly the manner in which you like to receive them. Is that correct? How about the idea of getting actively involved in your area and create an active chapter, which was your idea to begin with, and one I would agree is an excellent idea.

    It is of'course a valid question - �what is going on�. Also it is a very general statement and one which can have a very long answer and one which can be answered in few words. If you become part of a group in your area, you will know what is going on. Please understand that a significant number of members are putting lot of effort, if others are not able to participate actively, is it not fair to ask others to help in organizing in groups in the local area and be regular communication so that action items could be handled effectively?

    I agree with most of your comments here. I am more realistic than most people here in the forums. So, I dont want all ducks in a row and world peace issues sorted out. Because, I know that is not happening anytime soon.

    True, in a election year and with all the anti-immigration sentiments around, it is highly unlikely that something will happen in the near future. So, NO. I am not waiting to see some success, before I join the band wagon. When you started IV a few years back, I am not sure you envisioned this many members today. Inspite of having over 25000 members, the admin fix compaign only seem to have received about 10% letters. So, What are the other members doing? Why are they not participating? what is holding them back? That is a question for everyone of us. That is something, I thought every member should reflect upon. We have around 25000 members here in IV. But, we know for a fact that there are atleast a million people waiting in line. How do we reach them and how to get them to actively participate in IV action items?

    Like you said, IV is a grass roots organization and it is up to the members to make things happen. But how? Apart from these action items for admin fixes etc, Can't IV have a membership drive? Get more people to join IV and contribute.

    I know for a fact, that there are so many people here in Nebraska who have no clue about IV. I have been educating them when I get an opportunity. A Local Chapter could easily solve the problem. But, until now, I had no clue as to what is required to start a chapter. (Thank you Walking_dude). Answers to questions like this is what I meant by transaparency. Not the accounts or donations, as someone suggested in this forum.

    Also, When I suggested about honarary payments to core team, I am not trying to belitte anyone in the team. I just thought, that you and other members of the core team should be compensated for all the efforts you put in. After all, these efforts and money you spend is going to benefit me and every other aspiring immigrant of this country. So, It was just a thought.

    I will try my best to lay the foundations of IV presence here in NE. I would welcome any suggestions and comments.



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  • fasterthanlight�
    05-30 11:51 PM
    I smell monkies in the near future....




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  • geevikram
    06-05 11:33 PM
    Please call all of them. It took me only 10 mins.



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  • Humhongekamyab
    08-25 01:48 PM
    I opened an account with them few years back and had to experience the same crappy service. The funny thing is that they had two phone numbers one for new customers calling to ask them about their services and the other one from existing customers.

    The phone number for the new customers was answered within minutes and the quality of customer service reps was good BUT if you would call the other number if you were an existing customer then you would have to wait for someone to answer the call for hours and the quality of their reps was pathetic. The best part was that if you call the phone number for new cust and tell them you are an existing cust and have an issue then they would tell you too call the other phone number as they do not have access to the info.

    I guess right after my first transaction, I canceled the account. The only way we can teach these people a lesson is by not giving our business to them in the first place.




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  • spdy_mn
    06-13 07:09 PM
    Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!

    Jesus Christ! Does anything happen without a twist?! :)


    Shishya, I am in the same exact boat as you are. No information in hand bro. Waiting for someone to shed light on this. Will talk to the attorney tomorrow morning.




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  • pcs
    04-22 07:40 PM
    Your involvement is more important... you can generate a lot of contribution by spreading the good word & encouraging people to contribute..

    I have not contributed much as comapred to top guys but I have generated atleast $600 through my efforts to rope in new guys & requested them to put in some money. Some did but some did not




    sodh
    07-27 05:43 PM
    Since UN is back, he is best person to answer all your ability to pay questions.




    freedom_fighter
    11-02 12:27 PM
    For all of you who have send me a pvt. message asking me how to reach IO @ TSC, here are the steps:

    1) Call Customer Service @ 1 800 375 5283
    2) Continue in english, hit 1
    3) To check the status, hit 2
    4) Know your receipt number, hit 1
    5) Enter Receipt number, and then for SRC, hit 1
    6) Confirm Receipt Number, hit 1
    7) You will now hear the status of your case. At this point, hit 3 to "Report a problem".

    Here is the trick - now you will hear 4 options. I believe # 3 is "If your case is outside the processing time..." and # 4 is for "If you have filed several cases and have received a decision on....". You want to hit # 4 and you will be connected to an IO at TSC.

    Just a word of caution: You will be talking to an Immigration Officer @ TSC so please be very polite. Some officers will tell you that they cannot give you any information, or you should be calling Customer Service number, simply say 'Thank You' and hang up. It might take days/weeks before you reach an IO who would be willing to help.

    Again, the sequence is:
    Call the customer service number.
    Press 1, 2, 1, Enter Receipt Number, Hit 1 for SRC, Hit 1 to confirm RN, 3 to report a problem, 4 to connect to an officer @ TSC.

    Can you tell me how ? pls



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