Wednesday, June 29, 2011

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  • simple1
    04-30 11:09 PM
    This is my first post.

    My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.

    Is he technically correct ?

    Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).

    Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.

    Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.




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  • munnu77
    04-23 05:08 PM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)

    we already have one..
    www.desicrunch.com




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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?




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  • Rohan99
    10-02 11:59 PM
    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,

    here is list of 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



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  • saratswain
    05-05 11:11 PM
    Please tell me, why are you so frustrated ? Because you are not able to live as comfortable life as you desire ? Most of you are highly educated, if you go back to India you will be among the top 2-3% of population. But you do not want to, you have personal reasons, you have many other things not to go back.

    How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.

    If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.

    -Thank you.
    Hope everyone gets what is best for him/her.
    (I am in H1B for last 7 yrs and have applied GC- waiting)




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  • newbee7
    07-07 08:23 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..



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  • psk79
    09-05 08:49 AM
    Hey GUYS!! My checks got cashed today!!! All six of them!!! Don't have the receipts but got the SRCs from the back of the checks. Mine is NSC delivered Jul2, 1025AM J BARREETT..Finally very happy to get tehse. I hope everyone will ge tthem very soon...Thanks.


    :) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.




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  • Janisaris
    09-13 12:00 PM
    Seems that very few people have recieved anything who have filed between 4th and 16th aug.

    Looks like all the applications received till the Friday July 20th got transfered to either Texas or California. Good news is that checks are getting cleared this week. We should be getting receipt soon. Hang in there.



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  • eb3_nepa
    08-13 05:01 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.

    Hey stldude, you reported that ur LUD had changed to 07/28 right? What was the original LUD?

    Maybe the recent LUD change might be an indicator of when NSC shipped stuff to TSC? They may be doing batch processing. JUST a THOUGHT




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  • desi3933
    07-09 01:48 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    The AC-21 job offer must be full-time and permanent.


    .



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  • chanduv23
    03-10 07:10 AM
    well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....

    I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.

    Having a cooperative employer makes a big difference, something that makes you comfortable.

    Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.

    After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.

    In short, retrogression will be there and will affect us.

    If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.




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  • buddyinsd
    08-20 12:18 PM
    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

    My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:

    Priority date: Feb 26, 2006
    I-485 Receipt date: Jul 27, 2007

    Steps taken:
    SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
    Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
    SR opened for my wife Aug., 10th: No response yet
    Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.

    I appreciate the forum and all the support it offers. Donated last month.



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  • chanduv23
    07-09 11:33 AM
    I just PM . There is a report from washington post who is trying to do a story about the flower campaingn.

    Story for the Washington Post

    --------------------------------------------------------------------------------

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701

    Excellent stuff. Lets get more and more media attention - good going folks.

    Just wondering what is 12 million illegals sent flowers :D :D :D




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  • sdrk
    07-20 05:37 AM
    I pledge $100



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  • narayan_id
    02-25 02:18 PM
    Contributed $100 Receipt ID2626-3858-1037-1208 Thanks




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  • 485Question
    11-21 04:00 PM
    It was kind of a shock to me. I pray the god for the better, please consult more sources for any cure. I know one place in Karnataka, where my uncle got cured his cancer. I will try to get you the details ASAP.

    Let's pray.



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  • mnq1979
    09-22 09:38 PM
    Today i received mine and my wife Receipt # for I-485 application which was received by NSC on 23 July. However the receipts that i received is from
    California Service center as they start with WACXXXXX.

    My lawyer also applied for the work permit for myself and my spouce but i havent received any receipt of that applications. I did not confirmed with my lawyer yet whether he has received any receipts or not.

    I cheked the status of my I-485 application and it says that they have transfered our case to TSC.

    The receipt date on the notice is sep. 15 2007 and the notice date is
    sep. 18, 2007.

    I belong to EB3/ROW category.




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  • sgupta33
    11-07 02:10 PM
    i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.

    Dear Mr. Prakash ,

    My name is xxxxxx and I am currently working at xxxxx as xxxx.

    My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.

    We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
    Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.

    I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.

    My details:

    xxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    My wife's details:

    xxxxxxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxx


    Thanks a lot for your time
    xxxxxxxxxxxxxxxxxxxxxxxx

    Thank you for this information.




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  • nk2006
    05-02 11:37 AM
    Where is the relief for foreign educated professional who is filed under EB3.

    They seem to exempt only for extraordinary ability ppl.

    Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).




    gcnirvana
    05-30 12:57 AM
    1. I sent emails to Senators again.
    2. Sent another issue of my story to 50+ journalist/newspapers again.
    3. Sent Webfax again.

    Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.

    Go IV Go...




    samrat_bhargava_vihari
    06-18 08:53 AM
    I am waiting ..
    I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.



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