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  • dotnetguru
    07-02 04:35 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....




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  • ArkBird
    10-07 07:12 PM
    The only housing market which doesn't show any sign of correction is Mumbai, as the builders have more Dubai, 'Bhai' kind of money. Everywhere else properties have already fallen 20-30%. In gurgaon & NOIDA they are down 40% from previous year...

    Even in Mumbai, prices are coming down (~10-20% from last year) however they are so high right now it has to crash more than 50% to come in "NRI" range. I feel sorry for the common middle class of Mumbai... They have no options but to go beyond Borivali and Thane even after crash :( ....




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  • rimzhim
    02-01 04:54 PM
    Anti-immigrants can not be able to pick on this, because Retrogression will worsen all these things. Those people will continute to work with those desi consulting companys irrespective of the fact that they have GCs or not, because they cannot stand on their own feet.

    If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.

    In economic terms the difference is same as Free market and monopolistic market.
    thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.




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  • chicago60607
    09-17 11:58 AM
    I thought they had a out of the room settlement for 6020 already, why should they again keep discussing so much



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  • va_217
    01-31 09:33 AM
    Just voted its Q. 16




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  • gctest
    10-04 03:47 PM
    i have a fan following...yay
    and i will keep writing "lower case i" coz it bothers you so much :D:D:D

    Guess what the latest news is :D:D:D


    gctest is a perfect jackass, think he is also a complete fraud.

    If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.

    Then he says his dependents got approved on his EB2, while his case is rotting (????:D)

    The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
    The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)

    Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.

    His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.



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  • GCard_Dream
    01-31 11:21 AM
    If you are not using a sub labor and filing 140 in a week or so, there is nothing for you to worry about.

    Thanks for the reply.

    I am not using substitution labor. I do not condone any one who does it for monetary reasons.

    So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?




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  • paragpujara
    07-18 10:24 AM
    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 8.26 AM
    Service Center: NSC
    Rejected: Dont Know
    Checks Cashed: No



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  • lacrossegc
    12-02 12:38 AM
    Awesome idea, the problem is , i hope i am wrong; the IV "browsing community" is so fractured and pesimistic. any mention of "paid" membership will turn them off .... maybe thats what we need ... Only serious members who really want to make a difference ....
    the others just tend to make a lot of noise and are a distraction towards our goal

    how about breaking this into multiple levels.

    (1) account maintenance fee: charge $1/month for maintaining the account, members who paid this fee will have read access to all threads except IV core updates. IV can generate $25K a month with this option, this can cover day to day expenses.

    (2) usage fee: charge $??/month for using the IV forums, members who paid this free can post and respond and read IV updates.




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  • akhilmahajan
    03-13 02:28 PM
    IV Core is the best and selfless. They started something, which is going to help everyone in the long run.

    I am a memeber of state chapter and very much believe in this concept. Its all about sharing information and thats what the whole idea is about state chapters.

    The information flows from top to bottom. There are a lot of things which go in the background which you and me are not aware of, but only the people who are working on it and in our case it is the IV Core. Over the period of time they have encoraged people to come forward and take up the cause. A lot of selfless people have come forward and started helping them out in one way or the other.

    What the Core has started is a revolution and it is picking up and a lot more people need to educate themself and join the cause.

    If someone does not understand or does not have any motivation, then one can only try to make them understand and motivate and hope for the best.

    I dont think IV has ever stopped anyone from saying what they want to, but there is a limit to everything. We are educated immigrants so we all need to act like one. If we dont agree on things we need to come forward and discuss them, instead of starting to criticize.
    If you dont share your thoughts then how do you expect people to understand and resolve those issues. So, i will request everyone to come forward with an open mind.

    GO IV GO. TOGETHER WE CAN

    "You cannot shake hands with a clenched fist." - Indira Gandhi



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  • abhijitp
    11-28 02:55 PM
    Thanks walking_dude for the initiative!
    Sorry for the delay in doing it.




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  • rajeshalex
    09-25 09:47 AM
    May be we should delete this thread itself.



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  • Mr. Brown
    05-14 08:23 PM
    Mr Brown,

    Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!. Just because you chose to buy a home and have a life does not mean that others dont. Every one lives their own lives. Those who dont buy a home live a life of their choice. Stop judging people. GC was not a risk or hindrance to you in buying a home but could be for Joe the Analyst. You might have deep pockets, Joe the analyst might not or have other commitments

    Your statements (above in bold) are contradictory. On one hand you don't want us to judge you but you return us the favor anyway.

    Let me be clear here. I was talking about people who come here whining about how they can't buy a house ONLY because of the gc/immigration laws etc. I am not talking about Joe the Analyst (nicely copied BTW :-))

    All I am saying is to stop whining and do better to withstand what you cannot change.

    BTW, I put 10% down on my house and I've got the usual commitments.




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  • arunkotte
    07-19 10:18 AM
    Viral,
    There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.

    Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!

    Best Regards,

    I am in the same boat too. If the checks start clearing, then the ones filed on July 2nd will be the first. So please update if your checks clear and that will help us decide if we have to file again.

    Thanks



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  • Bokke
    06-05 10:40 AM
    For all the Microsoft fans who wanna have a i-pod:
    The XPod ! :rambo:


    http://members.home.nl/famsedema/xpod.jpg




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  • pappu
    01-29 09:29 PM
    This is a welcome change.
    -AILA and others had been and are are still trying to oppose this rule as it benefits them and their clients (employers).
    -Labor substitution has been abused and has given a bad name to the GC process.
    - Lot of desi companies have become notorious for selling it. Some of them were brave enough to sell it online on sites. Iv condemns any kind of misuse of the system and breaking of law.
    - A lot of labor certifications coming out of BECs continue to be substituted. This has caused more delay in PDs moving forward.
    - The 45 day rule to use the LC will force employers and Lawyers to work quickly on the application. Lawyers are known to be slow in filing process so they will need to change.

    Lets hope USCIS, DOL and DOS make further changes in their regulations and the process is better suited to reduce the pain for applicants. FBI Name checks, long wait times in various steps etc are also worth reforming. On various occasions IV has drawn USCIS attention to various items in the greencard process that need reform. IV will continue to raise all such issues that hurt our members with media, USCIS and lawmakers.



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  • msumanta
    06-21 04:16 PM
    Hi, friends,
    I need help from you guys I am getting married on 20th july and then coming back on 3rd august, so can I just apply for myself on 1stjuly and then add her after we come back . Is this possible.. what say experts?

    Thanks in advance ,




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  • fide_champ
    12-11 10:33 AM
    I went for the visa stamping in chennai consulate on Dec 5th. After a few questions, the officer granted me the visa and said i will receive the passport in a few days. But so far haven't yet received my passport. Does anyone know what is happening? is anyone faced such situation before? I heard about this admin processing and delays in stamping but i thot the officer would usually give out some kind of form to you during the interview if your case goes thru such processing.

    The web-site says we can send an e-mail to the consulate regarding any questions for NIV if it's pending more than 5 days. Has anybody done that and what would be the response?

    Please respond. i am running short of time as i have to travel back to US soon.




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  • drona
    07-13 09:21 PM
    In a way it's better that there wasn't a huge announcement to solve the visa bulletin fiasco today because we have so many other issues in the employment-based green card process that need to be addressed, that any announcement might have only provided a short-term fix and moved away the focus. I intend to march my heart out and hope that we bring attention to our issues which hopefully shall be put right someday.




    snathan
    03-29 04:32 PM
    If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done

    If he is calling ICE...only the employees are going to get affected. As the employer is already on GC or USC, he will be slapped with fine. Nothing else. So the best option is DOL and not the ICE.




    B3NKobe
    06-07 11:15 AM
    Skinning the wheel is too easy, all you have to do is plop the graphic down and set the blending accordingly. Leaving the wheel stock makes it harder because you gotta get the elliptical out.
    Woohoo!! Support!! :D



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