chanduv23
02-17 10:39 AM
thanks delta313, manchala, gc_peshwa, ramaonline, whiteStallion for your contributions. We are @ 11%
Total Contributions...........$5,625.00
Amount to be raised.......$44,375.00
.
This is pathetic. I wish people really stepped up for the cause. Come on folks, please help yourselves by contributing to the advocacy day efforts.
Total Contributions...........$5,625.00
Amount to be raised.......$44,375.00
.
This is pathetic. I wish people really stepped up for the cause. Come on folks, please help yourselves by contributing to the advocacy day efforts.
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tonyHK12
02-09 06:25 PM
thanks gujju, srinivas_o for your contributions and continued support. It is nice to see EB3 guys being proactive. Giving up or doing nothing is not an option. This is the best chance we have until 2013.
There are 100,000+ in the EB3 queue, and nearly 30,000 in the EB2 queue.
Amount raised = $1700.00
Contributions needed = $48,300.00
There are 100,000+ in the EB3 queue, and nearly 30,000 in the EB2 queue.
Amount raised = $1700.00
Contributions needed = $48,300.00
anzarafaq
03-07 09:27 PM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
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senthil1
10-25 06:12 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
more...
sanjay05
02-05 01:08 PM
No FP yet for me too.July 2 filer. Application at TSC.
I received my FP 4 days after infopass,
http://immigrationvoice.org/forum/showthread.php?t=16939
I received my FP 4 days after infopass,
http://immigrationvoice.org/forum/showthread.php?t=16939
kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
more...
reddymjm
03-26 09:23 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.
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desi_scorpion
08-02 10:30 AM
Hi, which number did yyou call?
more...
cmugrad
10-04 09:49 AM
I found out the receipt numbers from check image. The details
EB3- Nov 2004 (PD)
Labor - Approved Feb 2007
I-140 - March 31 2007(Pending)
I -485 - August 15 2007 (Received at NSC)
Receipt Date - September 28 2007
Didn't apply for EAD/AP
EB3- Nov 2004 (PD)
Labor - Approved Feb 2007
I-140 - March 31 2007(Pending)
I -485 - August 15 2007 (Received at NSC)
Receipt Date - September 28 2007
Didn't apply for EAD/AP
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GCStatus
09-15 10:16 AM
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
more...
rtarar
05-21 09:25 AM
As you have efiled your EAD the FP you have received might not necessarily mean the FP for 485, it could be just for EAD. Gurus any comment!!
Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.
I 'll try not to lose my sleep over it... chill!!!!!!!
-R
Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.
I 'll try not to lose my sleep over it... chill!!!!!!!
-R
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kshitijnt
04-24 12:46 AM
Yeah no problem. We all have egos. Dont apologize, instead spend money on court and attorneys.
I had an RFE from NSC that they wanted to see experience letter from employer from specific format. They specifically said in RFE that they didnt want to see affidavits or paystubs or offer letter or any other document. Remember EB2 category criterion is "5 years of progressive work experience" word progressive is important and offer letter doesnt prove it.
If you havent been in this situation, do not offer unnecessary advise based on your gut feeling.
I had an RFE from NSC that they wanted to see experience letter from employer from specific format. They specifically said in RFE that they didnt want to see affidavits or paystubs or offer letter or any other document. Remember EB2 category criterion is "5 years of progressive work experience" word progressive is important and offer letter doesnt prove it.
If you havent been in this situation, do not offer unnecessary advise based on your gut feeling.
more...
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mundada
09-10 04:05 PM
:D
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
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justAnotherFile
07-02 08:59 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
more...
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chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
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Chris Rock
09-23 08:35 PM
EB3 India guys realized that this is the only path to GC nirvana!
So our(EB3I) mantra now is "Port, baby, Port".:D
So our(EB3I) mantra now is "Port, baby, Port".:D
more...
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yetanotherguyinline
07-11 11:23 AM
Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.
Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.
This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.
I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.
Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.
This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.
I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.
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dks
06-22 09:09 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.
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GC4ALL
07-21 01:53 PM
EAD Renewal eFiled date: 05/26/08
USCIS Received date: 6/6/08
LUD on : 6/11/08
FP date: 6/21/08
USCIS Received date: 6/6/08
LUD on : 6/11/08
FP date: 6/21/08
pd2001_12
09-10 02:15 PM
I agree that we need to strengthen IV by contributing our time, money. But, to me it looks like most of the successes(how small they are) of IV are making EB3 suffer more. Not anything against EB2 guys, don't start a war please. I think IV should concentrate more on EB3. I have seen vocal EB2 people writing against EB3 in these forums. But do we really have to suffer like this?
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
lc1978
07-20 11:41 AM
Pledging $100.
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