morchu
05-09 04:12 PM
Well... you can do nothing to bring McCain back. So there is no point in blaming Obama now.
The right thinking process should be how we can educate Obama administration, and bring him to your favor.
The right thinking process should be how we can educate Obama administration, and bring him to your favor.
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factoryman
06-08 06:51 PM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
umndude
09-24 03:02 PM
Abuse can happen as long as there are desi consulting companies. Major companies in silicon valley does not file for an EB2 unless salary is > 95k and unless they advertise M.S. + 2 years. How many desi consulting company jobs are really EB2 jobs? Think about it.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)
The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)
The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
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Pagal
09-09 10:03 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
more...
yabadaba
05-09 02:14 PM
i was feeling a lil down too for the last cupl of days...responding to some of those posters/reading their comments on alipac really brought me down.
however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting
http://boards.immigrationportal.com/showthread.php?t=247589
however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting
http://boards.immigrationportal.com/showthread.php?t=247589
SleeplessinSeatle
08-06 05:40 PM
My I-485 was received by NSC, on Jun 25th. Called USCIS today, they said information is not in system. Lawyer is also not repsonding, if checks are cleared. My previously approved I-140 from TSC has a LUD of 08/05/07.
more...
rustum
09-25 12:46 PM
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
Rk,
Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?
Thanks,
-rk.
Rk,
Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?
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BECsufferer
01-30 07:49 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
more...
stldude
08-13 03:56 PM
SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
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delhiguy79
08-12 06:18 PM
As I mentioned earlier I have to land in Canada, now I am thinking of using AVR. My expired H1B was from Company A then I shifted to company B. I now have H1B extension and valid I-94 from company B.
Can I still use AVR? I didn't find the answer, anybody who used AVR(similar scenario like mine) can u plz reply....
Thanks in advance.
Can I still use AVR? I didn't find the answer, anybody who used AVR(similar scenario like mine) can u plz reply....
Thanks in advance.
more...
flresident
08-18 02:31 PM
I am sure :), my wife's application was received on august 8th, 2008.
I am still confused as I haven't received receipt notice yet. I got receipt number from back of the checks on BOA website and I am sure they are correct too. (double checked)
Shouldn't we receive approval notice first? or in EAD it is "Card Production" only.
I am sure it is EAD card because it is under EAD case not in 485. I wish I see it under 485 case in September 2008.
I will keep you posted when we receive actual EAD card.
Are you sure that your application was received on Aug 8th, 2008?
If ture then this is the shortest time I have ever seen for EAD approval.
Lucky you!
May be your Green Card producttion was ordered! Please share your experience.
I am still confused as I haven't received receipt notice yet. I got receipt number from back of the checks on BOA website and I am sure they are correct too. (double checked)
Shouldn't we receive approval notice first? or in EAD it is "Card Production" only.
I am sure it is EAD card because it is under EAD case not in 485. I wish I see it under 485 case in September 2008.
I will keep you posted when we receive actual EAD card.
Are you sure that your application was received on Aug 8th, 2008?
If ture then this is the shortest time I have ever seen for EAD approval.
Lucky you!
May be your Green Card producttion was ordered! Please share your experience.
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USofA
09-01 03:10 PM
Two SLUDs on just primary applicant 485...Gurus can guess what can be expected?
8/10 - Opened SR and no response to that yet
8/31 - This morning (9/1) saw a SLUD dated 8/31 which wasn't there until 10EST yesterday.
9/1 - Again another SLUD dated 9/1 this afternoon.
8/10 - Opened SR and no response to that yet
8/31 - This morning (9/1) saw a SLUD dated 8/31 which wasn't there until 10EST yesterday.
9/1 - Again another SLUD dated 9/1 this afternoon.
more...
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PDOCT05
10-08 10:39 AM
Did you contact USCIS regarding your case ? Any response or the regular
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
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SkilledWorker4GC
07-21 11:44 AM
Mailed EAD Renewal on 7/7/08
Receipt Dt 07/09/2008
Notice Dt 07/09/2008
Receipt Dt 07/09/2008
Notice Dt 07/09/2008
more...
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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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Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
more...
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zoooom
07-19 06:53 PM
bump up ^^^
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raydhan
04-30 11:16 AM
rags,
Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?
Thanks. Good luck to us all.
Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?
Thanks. Good luck to us all.
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GCapplicant
07-27 10:09 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
english_august
07-09 05:39 PM
That is all the more better, spare real flowers from dying at USCIS doorsteps.:D
Which is fine but the order by ground shipping will probably reach a week later.
Which is fine but the order by ground shipping will probably reach a week later.
suresh1
08-20 09:29 AM
140- approved by TSC 6/06
LUD - 7/28/07
485 - sent to NSC on 7/03..
No response yet..
LUD - 7/28/07
485 - sent to NSC on 7/03..
No response yet..
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