kg318
04-22 09:44 PM
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
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desi3933
06-26 02:55 PM
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
>> you have nothing to loose
How can you say that? Do you EVEN know what are you saying?
I suggest you talk to lawyer before losing "something".
>> you have nothing to loose
How can you say that? Do you EVEN know what are you saying?
I suggest you talk to lawyer before losing "something".
akhilmahajan
02-26 11:21 AM
There are 2 ways you can contribute.
1) Write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.ph...d=26&Itemid=44
2) Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
1) Write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.ph...d=26&Itemid=44
2) Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
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nogreen4decade
08-31 03:41 PM
I really like this idea.... Actually if north Indians didn't rule Central government in India for such a long time (before PV Narasimha Rao), south Indians would be better off in India itself !!! Then north Indians would be citizens of USA in no time, and South Indians (in India) would have been happy about it!!!
Either way, get well soon!
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
Either way, get well soon!
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
more...
dixie
12-12 08:04 PM
Technically, we are applicants for immigrant status who are stuck in non-immigrant status indefinitely. A prospective immigrant is different from one granted legal residency (GC holder). Not sure if it makes a difference or not in the eyes of congressmen.
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
tonyHK12
02-01 10:31 AM
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...
Whats wrong with Canada? I see many don't mention it these days. I guess its pretty decent for technology.
If not i am strongly looking at New Zealand too...
Whats wrong with Canada? I see many don't mention it these days. I guess its pretty decent for technology.
more...
unitednations
08-25 03:18 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
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fetch_gc
09-17 01:41 PM
gcspace,
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
more...
anantc
08-20 02:45 PM
EAD renewal applied for spouse: July 21 2008
Receipt dt/Check EnCashed: July 23 2008
--------------------------------------------------------------------
PD:Oct 2003
I-140 (EB2) Filed in Oct'06 received query in Dec 2007. Employer forced to change to EB3 140..so
I-140(EB3) Pending and transfered to Nebraska Center
I-485 Pending (But applied before EB2 140 got query) ..so
No Idea!! :((
More than 9yrs waiting now! with some Hope of getting EB3 485 moving to Oct 2003 and up in Sept.
Receipt dt/Check EnCashed: July 23 2008
--------------------------------------------------------------------
PD:Oct 2003
I-140 (EB2) Filed in Oct'06 received query in Dec 2007. Employer forced to change to EB3 140..so
I-140(EB3) Pending and transfered to Nebraska Center
I-485 Pending (But applied before EB2 140 got query) ..so
No Idea!! :((
More than 9yrs waiting now! with some Hope of getting EB3 485 moving to Oct 2003 and up in Sept.
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desi3933
07-10 09:15 AM
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
more...
chandarc
07-21 11:01 AM
Anyone interested in email template I used to send...?pls let me know.
chandarc July 12 2010 --------------- Automated email response
chandarc July 12 2010 --------------- Automated email response
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diptam
08-18 03:53 PM
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
more...
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jfortune
06-27 10:05 AM
The VP signed the letter and asked me to let him know when I get green card. He will throw a party to celebrate!
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Mount Soche
12-17 09:44 AM
I got "the letter" too...
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
more...
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dingudi
11-25 08:36 PM
Hi,
Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:
1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?
2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...
Any suggestions would be appreciated!
Thanks.
Apahilaj,
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Yesterday I got the response for my SR opened on 10/16 for still not receiving FP notice yet. The letter says that the processing on my case has been delayed since the background check on my application is still open. Please contact after 6 months if you still haven't heard back from us. My assumptions are:
1. Since they did not mention any where in the letter about biometrics, they are talking about my 485 petition and not my finger printing notice. Guess they misunderstood why I opened the SR with them. Does that make sense?
2.Is it possible that I haven't received FP notice since my background check is still in progress? I thought that these were two independent process...
Any suggestions would be appreciated!
Thanks.
Apahilaj,
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
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pani_6
12-10 08:14 AM
My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
more...
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gc_peshwa
11-17 04:45 PM
Pappu
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
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delhiguy
07-04 08:08 PM
No use in getting exploited, Its you life , resign and get another job.
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
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ckichannagari
02-14 12:22 PM
Contributed $100 via Paypal, Transaction ID: 41371630MU244125X
arunmohan
05-13 03:43 PM
How do we contribute and participate in any campaign of IV....how to even become a donor???
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
H1Girl
04-30 01:01 AM
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
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