Monday, July 4, 2011

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  • acecupid
    07-03 01:29 PM
    still valid link

    http://www.ftd.com/350/catalog/product.epl?product_id=F488
    http://www.proflowers.com/landingSearch.aspx?pageid=Search&REF=FGVSRCHgoogskwd+online+flowers&NoExitPopup=Y&matchtype=search&KEYWORD=online+flowers&adtext=761026040&network=google

    any vendor is fine. its a token of protest

    I think its important to mention this is a protest of the actions done by them, otherwise the morons might think we are appreciating their work..


    Please make sure this is a protest and your message should convey that. I'm sure the morons would think otherwise if we dont make it clear to them.:D




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  • jags_e
    07-07 11:01 AM
    Though they didnot break any law in writing, they had the intent to not give any relief to people who are eligible to apply in july as per the old bulletin.

    The intent itself is ulawful.

    Alos in rushing to use all the visas, they might have given visas prematurely to applicants who had no clearence.




    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..
    I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,




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  • jthomas
    05-31 01:49 AM
    ...




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  • makemygc
    07-07 09:01 PM
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible so get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions

    All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.



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  • mchatrvd
    09-10 02:27 PM
    IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.




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  • asdqwe2k
    06-27 03:16 PM
    Incorrect

    As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.

    The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.



    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com

    Dr. William:

    My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?


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

    A:

    According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.

    The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.


    http://www.greencardapply.com/question/question04/question04_0519.htm



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  • alias
    08-18 01:45 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.

    Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!




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  • Macaca
    07-07 09:11 AM
    I know we have members from Britain

    I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.

    It would be great if we can showcase a multicultural group

    I don't know how many IVer's can comprehend multiculturalism!

    PS: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?

    It was a very crafty/slick move on your part. I was very impressed. Not to mention: I am ecstatic that it is working.

    msyedy's legacy continues!



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  • nik.patelc
    02-09 09:42 PM
    Contributing 50 dollars monthly...

    I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
    1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
    I m sure all members can hire IV for legal advise.

    2) Create a community and help members who lost jobs recenlty...

    Regards,
    Niraj




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  • senthil
    04-21 04:48 PM
    Mehul - No worry as our prayers are with you. there are somethings beyond our control. only prayers can help.

    I'am pretty sure you will be alright. enjoy life's every moment.



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  • english_august
    07-09 07:50 AM
    So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use


    PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
    HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.

    Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips

    Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
    Refer to the article in the body of your email. For example
    You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
    After this, you can say that please refer to the attached press release for more information
    Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
    There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
    Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.

    Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)

    Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.




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  • greencard_fever
    08-12 02:27 PM
    I think we got our green cards.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.


    Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?

    Also whats ADIT.

    BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.

    vdixit
    Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval



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  • nag2007
    12-16 09:34 PM
    I came here in 2000 and applied for GC in 2003(Nothing much Happened to it). Moved to different Company in March 2005 and applied for GC before PERM started. After that Applied for RIR conversion in JAN 2007 and my bad luck, the Labor did not get cleared before Auguat 17th and Company did not apply in PERM and Almost all of them got EAD and i am left behind. I am in this country for close to eight Years and not even signs of EAD.

    On top of it, I applied H1b for my Wife this year and the quota was over on the first Day. She has PHD in Computer-science and did not get H1. What a mess ? And what kind of life i am leading here...

    Thinking of all these things, I feel so frustated...
    I am just waiting for PD to be 2005 and then apply for I-485 ? (Sucks Man..)

    I am the worst Unluckiest Person on this whole earth....




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  • amitjoey
    07-09 04:10 PM
    Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.

    Thanks Naveen for the initiative.



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  • mchatrvd
    09-10 01:07 PM
    I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....




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  • gc_kaavaali
    08-31 01:52 PM
    Congratulations!!!!

    My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.



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  • gccovet
    08-26 11:07 AM
    On July 15th I have filed for renewal of EAD for both of us, today I got approval email where as my wife status says received and pending and NO LUD either. Infact she needs EAD as she is been working on EAD and it expires in October. I am on H1. Why like that? My PD will be current from September as per September bulletin.

    AJ

    My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?

    your spouses will get their EAD approvals in week to 10 days for sure.
    GCCovet




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  • coopheal
    03-26 03:14 PM
    This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.

    Processing dates doesn�t mean they don�t process applications received after those dates.
    I got my H1B renewal notice last week. My application�s received date is in 3rd week of Jan and Processing date for H1B extension is still in December-07.




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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




    WaldenPond
    06-28 08:34 PM
    Hello gg_ny,

    USINPAC and India Caucus work together. And we have been seeking help from USINPAC. But Thank you for the suggestion.

    WaldenPond




    Refugee_New
    08-18 02:35 PM
    Who so ever is willing to support SunnySurya read his earlier posts.

    All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.

    .................................................. ................
    Proud to be an IVian
    Supported all the campaigns so far
    $470 + $50 recurring

    Why not buddy?
    What about you nc14? Do you say YOUR GC, YOUR GC, THEIR GC, HIS GC, HER GC etc??????? and not worry about yours?



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  • simple1
    05-08 02:00 PM
    CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.

    Honestly, I dont care if they are eligible for FB2A.
    All I care is eb-dependents are not eligible for EBquota.

    why are you quoting and supporting the official mis interpretation above the actual law ?



    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.




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  • gc_aspirant_prasad
    07-09 11:58 AM
    I ve sent the pdf to my local newspapers. She is interested in doing the story.
    Pls call & talk to her : kcollins@newsobserver.com




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  • eb3_nepa
    08-18 03:02 PM
    Wasn't that appropriate here? Aren't they use this word in day to day life?

    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here




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  • belmontboy
    07-20 02:43 PM
    Guys, Please don't fight.
    We cannot get far with this EB2 Vs EB3 fight.

    We understand EB3's situation, however pitting one against another will not help.

    Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.

    I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????



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  • bushman06
    11-17 03:55 PM
    Done




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  • skark
    08-18 09:36 PM
    Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...

    Hello Guys,

    I filed on july 7th and still waiting.
    My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).

    Do you think my EAD will get stuck because of this? I hope I did right thing.

    Is any one similar situation

    Thanx



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  • drona
    07-09 06:34 PM
    We made news at USCIS! Whatever he does with the flowers is not our concern. The fact is we made the news there. Hopefully the media will pay attention too.




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  • siva9
    09-12 04:22 PM
    My application reached NSC on 31 july 2007. Today I received my receipts from my lawyer.



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  • walking_dude
    10-08 04:07 PM
    How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.

    In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!

    Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?

    How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.

    India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?

    Labour substituition----Now thats bad...but its no longer allowed




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  • GCDream
    07-20 08:48 AM
    I pledge $100



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  • JunRN
    09-10 04:26 PM
    Latest USCIS receipting up-date shows "July 29" for NSC. My application was received on July 31st. It seems my case is one more week wait....hopefully.




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  • Lasantha
    02-05 11:36 AM
    I don't think the Canadian officers will ask you that question. But like someone else said on this thread that question may be raised by the US officers when you return. I am curious to know about this myself.

    Aslo (I don't want to scare you but thought you ought to know) there's another discussion going on here http://immigrationvoice.org/forum/showthread.php?t=17061 where the US officers at POE in SF airport raised an issue saying that AP can be only used for imergencies. This looks more like an isolated case but I want everyone to be aware of that case.



    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:

    Thanks.



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  • rdehar
    10-08 02:37 PM
    I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
    Very well said.

    Can't stop laughing.




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  • ameryki
    09-30 07:59 PM
    see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.

    Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts


    how do you track if the money order was cashed?



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  • msandhu
    05-28 10:29 AM
    Once you abandon H1B and get canadian PR, you will need visitor visa to come back to US. My friend did that he comes quite often to visit us.
    MSandhu




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  • nogreen4decade
    09-01 06:27 PM
    Pooja, Kyon re? Are you feeling lonely or what? He doesn't want to talk to you... leave him alone ;-)

    I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....



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  • Lisap
    08-26 05:10 PM
    I mailed my 2nd application (1st one was mailed in late June my attorney filed too soon as I was not current in June) on Aug 14th and it was received at NSC on the morning of the 15th. I 140 filed at TSC and was approved in July 2006. No checks cashed and No Receipt as of yet....




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  • mita
    08-18 11:57 AM
    My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
    Thanks,
    Mita
    I received the below emails

    on 8/15 - Current Status: Card production ordered
    on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    What is the Audit processing ?




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  • FinalGC
    08-20 03:45 PM
    Guys:

    For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.

    Take Care




    Sachin_Stock
    09-23 02:15 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

    Thats a ridiculous assumption!




    chi_shark
    07-10 10:32 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.


    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • jonty_11
    12-15 12:30 PM
    Not sure, if we should comment ....its abt illegals ...we may contact the Author to publish something abt us Legals also.




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  • at0474
    03-26 11:39 AM
    2007 June visa bulletin moved EB3 India to June 2003. The very next month, they made everything current. Things went out of control after that. For some reason, in my dreamland, I am fantacizing the first move to repeat again. May not make everything current, but atleast, move EB3 to june 2003.




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  • jonty_11
    02-07 12:07 PM
    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!
    it is on teh Canada immi website, on the GUIDE to fill forms...




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  • gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.



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  • nepaliboy
    05-21 07:45 PM
    Thanks
    but when you can see ?
    i see some are posting same day they saw lud but mine is already 24 hours , still nothing going on >




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  • nozerd
    05-03 05:22 PM
    Cornyn bill as I read it is better than the other bills for US Masters holders in non STEM area ex someone like myself with an MBA.

    As far as I read it basically it says to be quota exempt you should

    1) Have Masters or higher from US Univ.

    2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).

    So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???


    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • gc_chahiye
    07-08 12:45 PM
    I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.

    Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.

    My 2 cents.

    but why in 15 days? They had upto Sept 2007 to use up those numbers. So they worked overtime to make sure they dont have to accept new applications. Can they atleast admit to that?

    We got screwed by them, and they claim (see the smug look on Condi's face) it was all a matter of course, nothing extraordinary.




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  • NKR
    04-25 01:08 PM
    hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.

    I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.



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  • technoboy
    10-13 12:17 PM
    Hi there !
    Just let you know guys, My checks got Cashed today.




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  • dixie
    12-11 04:27 PM
    Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.


    Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).

    If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.



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  • senthil1
    05-08 05:48 PM
    It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.

    QUOTE=hindu_king;339926]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[/QUOTE]




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  • saisujatha123
    05-12 11:40 AM
    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency

    Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card
    http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html



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  • Goodintentions
    02-04 08:36 PM
    Dear All,

    Even if we have issues, let us all sink our differences, present a united front and contribute! I am sending my contribution by cheque and I have also written a personal mail to all my friends!

    Kindly contribute whatever you can, by cheque!

    I request all of you to recall the famous lines :

    Little drops of water. Little grains of sand,
    Make the mighty ocean, And the beauteous land !!!

    Hope all of you will turn up in large numbers and also contibute your mite (big or small) and make every effort to make this even a success! Moments like this come not too often! Every opportunity is worth the try!

    Thank you! May GOD Bless the efforts of IV!

    Wishing the Advocacy event a grand success!




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  • desiguy22042
    09-22 10:38 PM
    I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
    So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
    Let me know if someone wants to ask any other information.
    thanks again. :D


    Hi,
    I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.

    I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.

    Questions::confused:
    1) Does transfer mean delay in processing ?
    2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
    3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)

    Any answers or discussions or links to the solutions are welcome.

    Good luck to everyone for the speedy processing.:D



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  • Dhundhun
    03-29 12:29 AM
    Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.


    I think, F-1 Visa to H1B AVR is allowed, when F-1 is adjusted to H1B in USA.




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  • chem2
    08-14 01:34 PM
    EAD paper filed at TSC.

    Mailed: 7/2/08
    Receipt Date: 7/3/08
    Card Production Ordered Email: 8/13/08



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  • zoooom
    07-19 08:50 PM
    $100 from me.

    Rahul :)
    Thanks!!




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  • Karthikthiru
    09-14 12:08 AM
    I am in for it




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  • srkamath
    08-10 01:10 PM
    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?

    mita ! Relax.....:)
    Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.

    Thanks for promptly reporting your approvals and for the updates.




    srikondoji
    07-08 11:24 AM
    Well said.
    Such intricate details won't come out in interviews or even personally talking to them. Only lawyers can do it as part of a fight with lawsuits.

    1)Why they have to make everybody current?
    2)Why they were working weekends (actually heard that govt employees working during weekends is illegal) to clear 60,000 visa numbers?
    3) Why did they pick july 2nd to revise the bulletin and did not pre-warn potential applicants?
    4)Why no one from DOS or USCIS is talking about exceptions and or remedies for those july applicants who wasted thousands in 2 weeks?
    5) What was that urge, which compelled DOS to make everybody current?
    6) What will happen to those applicantions reached early morning on july 2nd before revised bulletin became public or those who mailed on june 29/30 for July 2nd delivery?
    7) Why did USCIS clear so many applicants by-passing security checks and clearances?
    8) Why was there a mad rush in the last 2 weeks of june when in reality visa numbers would go waste on sept end?
    9) Why USCIS always talks about under staffed when they are in a possition to clear 60,000 applicantions in a matter of days?

    Any more?
    --sri



    H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.

    That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.




    gc28262
    06-28 10:48 AM
    desi,

    I am not trying to make an argument here. I am saying what I am seeing in law.

    Security Clearance.
    I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.

    <quote>
    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    </quote>

    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.