buddyinsd
08-31 01:24 PM
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
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
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
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vbkris77
09-24 01:53 PM
We tend to forget that we are not lawmakers :p
When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..
When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..
I don't know how better I can say..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..
When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..
I don't know how better I can say..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
smisachu
12-01 12:07 AM
Mehul- Very sorry to hear your situation. All our prayers and wishes are with you.
I am pretty sure you have investigated all options, but don't give up hope and most of all don't get beaten down. Keep the sprits up. A happy heart and mind can cure what medicines cannot.
When the going gets tough- the tough gets going.
Enjoy with your family. Do what is right by them. Wish you happyness & health.
GOD BLESS.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
I am pretty sure you have investigated all options, but don't give up hope and most of all don't get beaten down. Keep the sprits up. A happy heart and mind can cure what medicines cannot.
When the going gets tough- the tough gets going.
Enjoy with your family. Do what is right by them. Wish you happyness & health.
GOD BLESS.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
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ramaonline
05-11 12:30 PM
On h1b u can start any business as long as the investment is passive. (something like investing in stocks, real estate etc) You cannot actively work for your business. The same applies to h4.
more...
baburob2
05-23 09:02 PM
done emailing and webfaxing.
indianabacklog
11-21 07:16 PM
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
more...
rajuseattle
09-24 07:32 PM
Guys,
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
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dilber
04-22 04:57 PM
May Mehul rest in peace.
more...
akhilmahajan
02-09 11:39 AM
Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
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contactkpatel@yahoo.com
08-27 01:29 PM
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
more...
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.
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missourian
09-26 01:47 PM
Hi ,
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.
Thanks
Venkat
Mine was filed on Aug 1st reached NSC on august 2 nd, No updates yet, called USCIS they asked me to wait for 90 days, I am wondering how other ppl checking the status.
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.
Thanks
Venkat
Mine was filed on Aug 1st reached NSC on august 2 nd, No updates yet, called USCIS they asked me to wait for 90 days, I am wondering how other ppl checking the status.
more...
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calabor2001
05-02 08:59 PM
This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
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reedandbamboo
09-13 10:11 PM
I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
more...
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dingudi
05-21 10:04 AM
All who are still waiting for FP, a suggestion based on my personal experience. If you are calling TSC, then it will not make any difference as you will not receive FP notice even after calling and waiting for months. I would suggest take Infopass and get the FP scheduled. For NSC, sometimes if you get nice IO they may schedule you right away and tell you the date of FP on the phone itself. This info is all based on my past experiences of reading various threads and calling TSC. So I am not sure what the trend is right now.
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softwareguy
07-08 03:50 PM
Do you really believe there are 700K "unique" cases pending.
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
more...
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gjoe
10-08 05:51 PM
If you really wanted to correct the so called misinformation I am spreading why do you have to start with things like "IV member know that you don't want to volunteer"? Is this is supposed to intimidate me or you just trying to spin information for your own cause?
Please understand that I am not against what IV stands for and what the members do. What I don't agree with is the way some immature Senior members do by loosing their cool. Cutting off peoples thoughts and ideas in not right. I would go futher to make a bold suggestion, " IV has to screen these so called senior members for maturity before making them members who carry the message"
I am not blaming anyone here, but moderation in their temper is expected off the senior members in any place not just in this forum. Intimedation and threats have always resulted in the downfall of the whole group, history would teach us that.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants. You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
Please understand that I am not against what IV stands for and what the members do. What I don't agree with is the way some immature Senior members do by loosing their cool. Cutting off peoples thoughts and ideas in not right. I would go futher to make a bold suggestion, " IV has to screen these so called senior members for maturity before making them members who carry the message"
I am not blaming anyone here, but moderation in their temper is expected off the senior members in any place not just in this forum. Intimedation and threats have always resulted in the downfall of the whole group, history would teach us that.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants. You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
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dtekkedil
07-03 01:05 PM
should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.
Any vendor and any flowers are fine! As long as the delivery date, address and the message are the same -
July 10th delivery
Addressed to:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
"Sympathy" theme with the message - "All the best for future Employment Based visa estimates"
If our members can post links to other vendors and flowers it will be great! Less work for others!
Any vendor and any flowers are fine! As long as the delivery date, address and the message are the same -
July 10th delivery
Addressed to:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
"Sympathy" theme with the message - "All the best for future Employment Based visa estimates"
If our members can post links to other vendors and flowers it will be great! Less work for others!
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s_kary
09-14 03:01 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
ita
02-09 02:51 PM
All the Best Chantu...hope you'll get job soon.
anilsal
12-11 08:00 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
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