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    01-26 04:59 PM

    "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."

    Bottom line, once you sign in legal terms you are agreeing to the company terms & I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!

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  • mpadapa
    02-11 05:44 PM
    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

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  • ken
    10-01 08:31 PM
    Hi Ebizash-

    Did you noticed any LUD on your case today

    Hi Ebizash-

    Did you noticed any LUD today on ure AP renewal case

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  • eb3retro
    01-31 02:03 PM
    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.

    Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.

    Core members - what say you???


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  • pete
    12-13 03:49 PM
    The amount of lying and fraud that goes on in this process amazes. All under the cover of "legal"! There are compnaies doing this kind of utter crap and getting away with it.

    I will tell you my story:

    I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on for nearly a year. They weeded through so many applicants ( actually interviewed them!).

    The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.

    I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.

    I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.

    thats all!!

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  • micofrost
    06-02 02:07 PM
    Two from our family.
    Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.



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  • bikram_das_in
    07-13 01:58 PM
    Congrats for you phenomenal journey. Appreciate your contribution and continued effort for IV. Thank you.

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  • arian2002
    03-26 02:54 PM
    In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:


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  • Jimi_Hendrix
    12-29 12:56 AM
    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.

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  • learning01
    03-16 12:46 PM
    Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.

    I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.

    I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.

    I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.


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  • softcrowd
    10-10 06:27 PM
    There are many people from these Indian Outsourcing companies who are switching to US comanies or even to local desi bodyshopping companies for various reasons...Like the ones below

    1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
    2) They don't process GCs in general (very limited cases....)
    3) Chances are that one may make more money based on the skill-set

    However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.

    But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....

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  • mariusp
    02-20 06:40 PM
    I read the document and here's what I think is the important part:

    In a subset of these
    case, the FBI name check request that been pending for more than 180 days.

    This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.

    Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.


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  • H1bslave
    11-19 03:35 PM
    Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.

    my 2�

    Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
    The general idea in a desi mind is "why should this other guy get his GC first".

    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)

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  • god_bless_you
    12-04 07:05 PM
    India has PPF/PF and that money will go in you PPF/PF account, its not a black hole, infact it pays the highest interest and its secure. its very easy to get money out of your PF account. i took it out of my PPF account before i came to the US and promptly spent all :)its another topic that SS repatriation will never be approved, especially retroactively.
    I do not know in which city of India you took out your PPF.,
    But I heard you have to pay atleast 5% to get PPF back in Hyd.,
    Hope corruption will not be that high by next 20 years in India!!


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  • tonyHK12
    11-11 05:13 PM
    Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
    I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

    Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
    Some persons have trust issues with sending money to IV.
    Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
    Immigration Voice funds disclosure on Yahoo! Video (

    In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.

    Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
    While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
    Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
    So whats the next excuse going to be now? laziness or boredom?

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  • kate123
    02-12 08:48 AM
    Exactly Same thing happened to me last year..

    I Complain to IRS and they issued me W2 with in 3 days...

    Dont worry you will be alright.. Go ahead and complain to IRS...


    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....


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  • rpat1968
    02-21 01:37 PM
    Yesterday night at 9:00pm I got email from CRIS that they have issued RFE for me and my spouse.

    The contents in the emails say -


    Current Status: Request for Additional Evidence Sent"

    Will have to wait and see what the RFE is about till we get it in postal mail.

    Very curious about what the RFE is about. Have been with the same employer who sponsored the GC for last 5 years. PD in july 2004 , I140-EB2 approved approved in Nov 2006 and 2 July 2007 filer.

    Did any RFE recently please post?

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  • ramaonline
    05-11 04:23 PM
    Great idea... The only problem is that even the small group won't show up.
    I volunteer to get whipped - Who will be Uncle Sam?

    Another idea.. (this will require a small bunch of people only)

    Let a group of 10-25 people tie themselves on chainballs and handcuffs (or fetters) and march 1 mile to the USCIS office. Get this event covered by media..
    Hold banners like "Free us", "We want EAD", "i485 NOW" and raise a few slogans

    In addition someone can dress as Uncle Sam and pretend to whip the prisoners....

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  • Pagal
    04-21 05:44 PM
    Posted the letter to whitehouse address with the following contents:

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and illogical. I came to the US with the belief that this country is a meritocracy where you are judged based on your abilities and qualities. These country based quotas judge people based on their place of birth. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a fraction of that time. Lack of permanent residency has made me hesitant to buy a house or to do any long term investments in US and I want to get out of this limbo at the earliest.

    My requests to you are:
    1. Eliminate country level quota on Green Cards (to reduce the backlog of permanent resident applicants)
    2. Recapture unused permanent visa numbers from the past (to allow USCIS to issue permanent visas to eligible applicants whose applications have been processed and pre-adjudicated)
    3. Issue 5-year EAD cards (to reduce workload on USCIS of administrative renewals)
    4. Issue 5-year Advanced Parole document (to allow people like me stuck in the backlog to travel back and forth from USA without having to renew AP every year)

    I believe in President's slogan "Yes, we can!"."

    07-27 03:12 PM
    OMG .. what a sense of humor.. :D :D

    You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D

    01-11 02:40 PM
    I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.

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