gc_on_demand
07-08 10:07 AM
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
wallpaper Cartoon of a Cat Giving
vicks_don
06-09 04:34 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.
Not sure when you are planning to return to US. They will send you fingerprint notices with in a month I guess.
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.
Not sure when you are planning to return to US. They will send you fingerprint notices with in a month I guess.
Venky Sreedhar
02-26 03:13 PM
Contributed $ 100/=
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
2011 black and white cat cartoon.
anzerraja
07-20 02:36 AM
Here is the spreadsheet link to see the update as of July 19th 2007 12.00 AM.
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Awesome !!!
Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.
This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.
Thanks all of you !!!
TOGETHER WE CAN GET THIS DONE TODAY.
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Awesome !!!
Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.
This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.
Thanks all of you !!!
TOGETHER WE CAN GET THIS DONE TODAY.
more...
dreamworld
12-13 04:42 PM
I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
drona
07-06 03:32 PM
Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.
more...
mchundi
05-03 03:50 PM
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Thanks bkarnik,
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Thanks bkarnik,
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
2010 Strange Matter - Heat
reddymjm
06-05 07:54 PM
My attorney said he sent my 485 on May 31st so that it reaches on JUn 1st. Will update as soon as my checks get cleared.
more...
Canadianindian
07-06 05:21 PM
Can someone organize something in NY/NJ?
I am in for NY/NJ. Can also muster about 10 ppl or more.
I am in for NY/NJ. Can also muster about 10 ppl or more.
hair Behaviors cartoon 7 - search
pandu_hawaldar
07-21 10:54 AM
EAT at TSC
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.
Priority Date: May 06, EB-3 (Ind).
more...
sledge_hammer
02-12 11:59 AM
D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.
So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!
So stop complaining @ss wipe and go back and learn to spell and fix your grammar.
>>>>>>Do you have a brain?
>>>>>>So why the hell u came to the country
>>>>>>u ask them to go to their home country is it
Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!
So stop complaining @ss wipe and go back and learn to spell and fix your grammar.
>>>>>>Do you have a brain?
>>>>>>So why the hell u came to the country
>>>>>>u ask them to go to their home country is it
Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
hot wholesale cartoon pink cat
kumar1
01-30 02:03 PM
Stop spreading wrong information desi!!
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
more...
house black and white cat clip art.
harrydr
11-17 03:39 PM
Done. Twice, one from my e-mail and the 2nd from my wife's e-mail.
tattoo Labeling crown cartoon cat
minimalist
01-30 07:33 PM
1) Read about how treacherous a path they take when they cross the border. The position they were in their home country is what drives them to risk life to get to a place where they can find a better life and moreover provide a better life to family back at home , whom they may not see even once in few years.
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
more...
pictures When you think of cartoon cats
mirage
03-06 03:33 PM
I did not want to respond you but here's what can be achieved by lifting the country caps even for 2 years. If you lift the country cap, oldest PDs get the green Cards irrespective of their country, considering it's Indians & Chinese who are stuck the most, believe it or not, India will get all of 140K Visas, you can easily expect India and china to come at par with ROW, I know with your intelligence level, it is hard for you to understand, but if you are in a line, you are always going to get benefited if more people before you get eliminated fom the queue...
------------------------------------------------------------------------------------------------------
Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
------------------------------------------------------------------------------------------------------
Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.
Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.
Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.
If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!
------------------------------------------------------------------------------------------------------
Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
------------------------------------------------------------------------------------------------------
Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.
Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.
Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.
If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!
dresses Cat Cartoons
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.
more...
makeup wallpaper Happy Cartoon Face
psk79
08-19 10:53 PM
I140-TSC approved.
LUD on 7/28
I485 mailed to NSC Jul2nd.
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
LUD on 7/28
I485 mailed to NSC Jul2nd.
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
girlfriend Radiographer cartoon 7
bebar
06-06 09:00 PM
No reciept yet..
EB2 PD 05/2003
EB2 PD 05/2003
hairstyles Purple Skirt Hello Kitty Cat
wa_Saiprasad
07-19 08:29 PM
Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.
EB3Ind
09-03 11:41 AM
Hi,
today uscis site updated for my spouse regarding EAD card for card produciton.
applied july1st 2008
lud july 8th 2008
card production on site: 09/03/08
today uscis site updated for my spouse regarding EAD card for card produciton.
applied july1st 2008
lud july 8th 2008
card production on site: 09/03/08
arihant
05-03 12:05 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
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