abhijitp
07-08 04:04 PM
No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
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akhilmahajan
02-10 10:18 AM
Grand Total - $919
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
ganguteli
07-08 11:11 AM
Where is Moira from Buisnessweek?
Why can't she cover this?
Why can't she cover this?
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aquarianf
04-24 11:29 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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
more...
cjain
11-01 04:48 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
arihant
06-11 05:34 PM
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
South Region Center
WAC/EAC/LIN.. NO TSC as far as I know.
South Region Center
more...
fittan
09-28 04:23 PM
Hi
Both and spouse and I received my receipts for our I-485, I-140, EAD, AP 09/19/07. On 09/24/07 we received fingerprint notice and on 09/27/07 we received our EAD card. I am quite surprise by how fast it came. Here are my details :
Priority Date: 10/15/04
Type: EB3
I-140/I-485: Concurrently filing at NSC. Receipt date 07/07/07
Checks cashed: 09/10/07
Receipts received: 09/19/07
Fingerprint appt: 10/09/07
Fittan
Both and spouse and I received my receipts for our I-485, I-140, EAD, AP 09/19/07. On 09/24/07 we received fingerprint notice and on 09/27/07 we received our EAD card. I am quite surprise by how fast it came. Here are my details :
Priority Date: 10/15/04
Type: EB3
I-140/I-485: Concurrently filing at NSC. Receipt date 07/07/07
Checks cashed: 09/10/07
Receipts received: 09/19/07
Fingerprint appt: 10/09/07
Fittan
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newu77
08-17 04:57 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
more...
augustus
12-03 12:25 PM
Mehul, After reading your post, I feel very bad for what you are going through and my heart goes out to you and your family. I know nothing of what I say is enough to help you but again, I still say it with the hope that things will turn around for you. GOD HAS HIS WAYS, AND HE IS THE ULTIMATE FORCE IN THIS WORLD. I have often wondered, the chase we chase. The reality is nothing else matters but HIM yet it is so difficult to accept this reality and we chase the materialistic things in him which at the end, every one of us writing here and reading is going to leave behind one day.
GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.
Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.
I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.
GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.
Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.
I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.
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desi3933
06-28 01:38 PM
-- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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gcbikari
04-30 01:38 PM
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
more...
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go2roomshare
07-05 01:49 PM
i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
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18-53-18%252525252525255D.jpg "hot quotes about giving up.")
apahilaj
11-25 08:51 PM
Apahilaj,
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Dingudi,
In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.
Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...
Well, we just have to wait and watch...good luck to all the fellow sufferrers..
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Dingudi,
In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.
Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...
Well, we just have to wait and watch...good luck to all the fellow sufferrers..
more...
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zeta7
04-14 12:56 AM
- Flew into YYZ (with family), completed landing process last week
- Have expired H1-B stamp but approved I-797s
- Flew back this week on AVR
- No questions asked on both sides
- Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
- Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
- I would not suggest giving up the Canadian PR based on just rumors and no facts
- Have pending 140 and 485
- Have APs too, but did not use them
Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?
- Have expired H1-B stamp but approved I-797s
- Flew back this week on AVR
- No questions asked on both sides
- Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
- Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
- I would not suggest giving up the Canadian PR based on just rumors and no facts
- Have pending 140 and 485
- Have APs too, but did not use them
Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?
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anzerraja
07-20 10:42 AM
Thanks balakishore !!!
All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.
We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.
Could some one please tell me on how to contribute for this issue ?
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.
We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.
Could some one please tell me on how to contribute for this issue ?
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
more...
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dtekkedil
07-05 02:02 PM
We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.
The theme of the note attached to the flowers should be Sympathy or Get well.
Preferred Message(Sympathy): All the best for future Employment Based visa estimates
I do like the "Get Well: Hope USCIS recovers from its insanity" message as well
July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
July 08th - Draft the letter to be mailed to media.
July 09th - Finalize the letter and mass mail it to every media email addresses we have.
July 10th - hope the media take the bait!
The theme of the note attached to the flowers should be Sympathy or Get well.
Preferred Message(Sympathy): All the best for future Employment Based visa estimates
I do like the "Get Well: Hope USCIS recovers from its insanity" message as well
July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
July 08th - Draft the letter to be mailed to media.
July 09th - Finalize the letter and mass mail it to every media email addresses we have.
July 10th - hope the media take the bait!
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dtekkedil
07-10 10:38 AM
Tracking summary
Current Status Shipment delivered.
View Signature
Delivered on 7/10/2007 10:58 am
Delivered to Receptionist
Signed for by DANIEL KWhat is this?
Tracking history Help
Date and Time Status Location
7/10/2007 10:58 am Shipment delivered. Washington - Ronald Reagan National, DC Why is this?
8:27 am With delivery courier. Washington - Ronald Reagan National, DC
7:26 am Arrived at DHL facility. Washington - Ronald Reagan National, DC
5:10 am Depart Facility Wilmington - Clinton Field, OH
1:10 am In transit. Wilmington - Clinton Field, OH
12:36 am Processed at DHL Location. Wilmington - Clinton Field, OH
7/9/2007 3:59 pm Shipment picked up Miami - Tamiami, FL
Current Status Shipment delivered.
View Signature
Delivered on 7/10/2007 10:58 am
Delivered to Receptionist
Signed for by DANIEL KWhat is this?
Tracking history Help
Date and Time Status Location
7/10/2007 10:58 am Shipment delivered. Washington - Ronald Reagan National, DC Why is this?
8:27 am With delivery courier. Washington - Ronald Reagan National, DC
7:26 am Arrived at DHL facility. Washington - Ronald Reagan National, DC
5:10 am Depart Facility Wilmington - Clinton Field, OH
1:10 am In transit. Wilmington - Clinton Field, OH
12:36 am Processed at DHL Location. Wilmington - Clinton Field, OH
7/9/2007 3:59 pm Shipment picked up Miami - Tamiami, FL
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Hopeful1
02-11 03:10 PM
Grand Total - $1601
a2006
05-02 06:15 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?
karthiknv143
09-28 02:35 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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