acecupid
09-24 08:59 PM
I am moderately amused by your usage of the phrase "Stay in line" :)
The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.
There, does that explain it in your own terms ?
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.
So "Stay in line" :D
The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.
There, does that explain it in your own terms ?
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.
So "Stay in line" :D
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gcspace
09-12 07:56 AM
My wife's application filed on July 16th NSC, signed by R. Pitcher, no receipts/no Checks cashed yet.
My I140 is from TSC. So may be it got transfered there.
My I140 is from TSC. So may be it got transfered there.
Hello_Hello
02-04 01:35 PM
I cannot stand the Sardar and his super corrupt party also sick of seeing that joker 'Rahul Gandhi' face they show him 24 X 7 on all Indian channels...I curse him every single day when I see his face in the Newspapers. These b..stards have eaten our country like parasites. If I go to India, I will have to see his face everyday...I'll rather see Obama..
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gcbikari
04-24 10:55 AM
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.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
more...
nk2006
10-20 04:22 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
gc28262
03-06 05:22 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
more...
ashwaghoshk
11-17 03:07 PM
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
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dtekkedil
07-05 01:44 PM
This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Can anyone familiar with using paypal accounts come forward? I personally have never used them (except to donate to IV) so I would not be a good choice. That person will have to publish the nicknames (people can use whatever names they want if that is possible!) and the amount paid by each person at the end of the day.
This will help our cause... I believe more people will come forward if we do this. Of course others still have the choice of doing this individually as well!
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Can anyone familiar with using paypal accounts come forward? I personally have never used them (except to donate to IV) so I would not be a good choice. That person will have to publish the nicknames (people can use whatever names they want if that is possible!) and the amount paid by each person at the end of the day.
This will help our cause... I believe more people will come forward if we do this. Of course others still have the choice of doing this individually as well!
more...
HumHongeKamiyab
12-16 05:42 PM
One more AC21 question -
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
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buddyinsd
08-31 04:21 PM
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)
all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)
more...
JunRN
09-12 07:43 PM
You could be looking at the wrong Service Center for the Receipting Update.
For example, you sent your application to NSC and now, you're looking at NSC Receipting Update which tells us "July 29"....and you question, I sent my application on July 5, why until now I don't have my receipts?
The most logical answer is that if your application was sent to NSC but transferred to TSC; you should look at TSC Receipting Update which says "July 2".
For example, you sent your application to NSC and now, you're looking at NSC Receipting Update which tells us "July 29"....and you question, I sent my application on July 5, why until now I don't have my receipts?
The most logical answer is that if your application was sent to NSC but transferred to TSC; you should look at TSC Receipting Update which says "July 2".
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desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
more...
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tonyHK12
11-19 04:22 PM
Question to IV core...
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Yes generally these replies come in from one of their workers, maybe even a trainee.
Thats why IV wants everyone to call back the Senator/US Reps office mentioning the email response, and ask why our problems were not addressed (legal immigrants) and that you need more clarifications. Typically they have a person handling immigration issues.
mentioning only the two we are campaigning for right now:
1. Employment based Visa recapture
2. Protecting children of legal immigrants from aging out regime
this is even more important than just sending an email
Better yet if you can meet if not call in the next 7-10 days.
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Yes generally these replies come in from one of their workers, maybe even a trainee.
Thats why IV wants everyone to call back the Senator/US Reps office mentioning the email response, and ask why our problems were not addressed (legal immigrants) and that you need more clarifications. Typically they have a person handling immigration issues.
mentioning only the two we are campaigning for right now:
1. Employment based Visa recapture
2. Protecting children of legal immigrants from aging out regime
this is even more important than just sending an email
Better yet if you can meet if not call in the next 7-10 days.
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gcspace
10-03 10:05 AM
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
---------------------------------------
I added mine to the list
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
---------------------------------------
I added mine to the list
more...
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GCStatus
09-15 01:07 PM
Come up with the plan commander!
First step - Gather information and strengthen the support. Once we reach a ballpark, arrange meetings, conference calls
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
First step - Gather information and strengthen the support. Once we reach a ballpark, arrange meetings, conference calls
Finalise a lawyer ( MadhUVJ - has great suggestions on it )
Preparing an Action Plan, will be out soon.
Man-Woman-GC is gathering details.
Please join us in this effort
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texcan
09-04 07:12 PM
I have mailed my I-485/EAD/I-131 on July 26th and same were received at NSC on July 27th. I did get the receipt numbers for all the same yesterday. The receipt date is Aug 27th, 2007. I did have an TSC I140.
boppana99,
Your case is similiar to mine. Just curious did you get TSC or NSC numbers.
I think TSC nos start with SRC and NSC is LIN.
Please share info.
boppana99,
Your case is similiar to mine. Just curious did you get TSC or NSC numbers.
I think TSC nos start with SRC and NSC is LIN.
Please share info.
more...
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HarshJ
11-05 03:31 PM
I will update this when I get my notices. Mine is at NSC and went thru the NSC-CSC-NSC cycle
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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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gc28262
08-25 08:03 AM
gc28262,
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
txh1b
08-25 04:54 PM
Each IO has given me different info on different calls. Whatever they say about visa number cannot be considered true. Just say ok and move on or call back to get a different answer.
Frustrated soul here! Getting impatient with a dozen plus years under my a$$ without a GC.
Frustrated soul here! Getting impatient with a dozen plus years under my a$$ without a GC.
mkiv
12-11 07:48 PM
How do I start a new Thread?
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