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  • pvpb
    10-04 02:15 PM
    Applied on August 3rd....nothgin yet...as days go by i am getting paniky...i freinds applied aroung aug 14th...she got her RN's

    donno how many sleepless night have to spent still




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  • apahilaj
    11-06 04:19 PM
    just sent e-mail to ombudsman. I would encourage all of you to send e-mail regarding FP delay. it did help in getting receipt notices. Please do it for FP also.

    Hello,

    Would you mind sharing some details as to what email did you write it to, any standard form we have to fill out, etc?

    I would like to wait till the end of SR period before I bother my ombudsman.

    Thanks.




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  • conchshell
    07-11 01:55 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.




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  • arumalla
    07-08 04:45 PM
    can some one send me the updated notice page link, so I can post some threads and start linking to that page in all the tech and news forums I know of... so that we can get more awareness of this issue....

    Thanks
    Chandra Arumalla



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  • Ushakiran
    05-08 05:59 PM
    should we add the following content?
    EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .




    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx




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  • Tito_ortiz
    05-24 01:21 AM
    Vijjus, this is coming from a veteran:
    There is not such out of touch congressmen or further education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.

    The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year. The "brighest and the best" out there, a typical individual on the mid 30's with 10+ year of experience, masters degree and tons of sweating and bleeding in the IT world, I am not sure whether Bill Gates want to open the wallet and pay more than $100K. They would prefer to outsource the work to China - not even India anymore. That is the reason and the only reason only which explains why wages have not increased to IT programmers in the last few years.

    Illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here. Since illegal aliens are in higher numbers and can deliver more not offshoreable productivity than us, so that is the reason why they are the ones getting the red carpet.

    At this moment our incluence is minimal, if not not pathetic. As a matter of fact, I am afraid that more our category of workers fight and protest, more the American people will be outraged and scared and will react calling *their* congressmen even harder in order to push us all out.

    For the naive and dreamers out there who are shaking their heads after reading the above and believe that the above is propaganda, so just think about it.



    Thanks,

    Tito Ortiz

    ,

    (disclaimer: Like everyone else here, I am very dissapointed. Hence the negative mood)

    I am wondering how we ended up here. We have been doing this campaign for so long, we have now hired a lobbying firm, and we've met, called, emailed and faxed so many senators etc. How come this bill completely ignored, and in fact in some senses, hurt us?

    I have seen posts about lawmakers being stupid, out-of-touch etc but I think these posts are mostly facetious. I feel troubled by the fact that in spite of numerous efforts the lawmakers decided to ignore us - and if this was India I would have attributed this to the fact that in us they don't (yet) have a vote bank.

    Please take this post in a positive way and as a stimulus for some soul searching - why did we end up in this situation?



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  • shaileshkaria2525@hotmail
    11-21 08:36 PM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...

    shailesh karia




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  • vaishnavilakshmi
    07-05 01:34 AM
    Hi,

    Ours is Substituted labor(eb3) and Priority date is Feb2002.

    Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.

    vaishu



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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.




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  • mariusp
    03-18 11:58 AM
    Called two weeks ago as per my post above. No FP yet. At this point I don't even care anymore... :(



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  • abq_gc
    08-18 03:29 PM
    Abq_gc,

    I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.

    I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
    ( playing too much of the RTS games because of the apparent frustration ..)

    Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.

    All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done




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  • always_hopeful
    11-17 09:24 PM
    Done. Sent emails from myself & wife.



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  • deafTunes123
    09-03 01:47 PM
    Did you change your mailing address after you submitted your I-485?
    Some time they correspond to your old mailing address even though you updated the address with USCIS.

    Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.

    These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.

    My 2 cents.

    Good Luck.



    I did try to talk to customer care but it was of no help.
    They tell me to wait for 30 days and sometime 60-90days.
    They say you will become actual permanent resident when you get the card The card is important.
    You now USCIS don�t know when they will change their minds.

    To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,

    let�s wait and see


    approved on 8-12-08
    NoWelcome notice Or Card




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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]



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  • anilsal
    03-09 12:46 AM
    Guys, get a grip on yourself. Volunteer your time for IV. It is both fulfilling and it is for a cause.

    Of course being in a state of limbo is not the best thing you planned for, in life. If your spouse is not allowed to work and/or has difficulties coping with stress, just channelize all energy towards IV goals.

    Cheer up.

    I talked to many important people in IL including state government, university professors who are related to immigration and/or have interest in imm. They are all aware of our problems (hard country limits, spouse/dependents counted in visa numbers etc). It is only the offices of congress reps that show a blank face as far as skilled immigration is concerned.

    So I urge you to join your local state chapters and start meeting your reps and/or office staff asap.

    Now for those, who are here for a free ride with no progressive work and have not contributed, shame on you and I mean it. :)




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  • desi3933
    07-10 06:50 AM
    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.

    Total BS. Do you have any reference link for case denials?

    You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.


    .



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  • anotheroneonqueue
    08-26 05:14 PM
    Following is my observation from my last H1B extension from Vermont.

    You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.

    My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.




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  • intheyan
    08-12 02:30 PM
    Is it a mandatory process to do a walk in for ADIT processing or is it ok to wait for a while to receive the physical Green card? Again thanks in advance for your valuable replies

    That helps a lot.
    Here is some more information I got from murthy's forum.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261




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  • gc28262
    06-28 11:35 AM
    desi,

    All the points you mentioned are valid and sensible from a business perspective.

    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?




    obviously
    04-21 06:26 AM
    kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

    It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

    Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

    If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
    It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

    Sabre rattling might get you out of this one, but the world still remains a small place!




    arun_ramani
    02-01 02:36 PM
    Contributed $100 for Advocacy day. I will also inform few of my friends who can also contribute.

    Best Wishes,
    Arun



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