b_boy
02-22 06:01 PM
well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
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tonyHK12
02-24 12:09 PM
thanks mumbai & h1TechSlave, See you at DC.
The newsletter mentioned above was sent out to all members yesterday afternoon. Maybe some have turned off emails from IV, or it went to the spam folder.
The newsletter mentioned above was sent out to all members yesterday afternoon. Maybe some have turned off emails from IV, or it went to the spam folder.
unitednations
08-25 03:18 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
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bondgoli007
08-18 03:13 PM
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
abq_gc...This is crossing the line...Please take your cussing and insulting out of public forum and private message all you want.
eb3_nepa...you have been around IV for a long time and seen your share of people who say unreasonable things...you should know better than engaging in a war of words with these people. I was and am against Sunny Surya's PD porting post but he has not been uncouth. I understand your opposition to any of his posts but please refrain from any more bickering...
SunnySurya....I appreciate you maintaining your cool but I hope you also understand why you are getting some of the heat you are. I am sure you have your reasons but going forward, please try not to use IV forums to divide the community even if you feel there is a valid reason. Use a forum outside f IV for such initiatives.
Others...come on , don't add to the unfortunate situation and refrain from angry and reactive posts...
abq_gc...This is crossing the line...Please take your cussing and insulting out of public forum and private message all you want.
eb3_nepa...you have been around IV for a long time and seen your share of people who say unreasonable things...you should know better than engaging in a war of words with these people. I was and am against Sunny Surya's PD porting post but he has not been uncouth. I understand your opposition to any of his posts but please refrain from any more bickering...
SunnySurya....I appreciate you maintaining your cool but I hope you also understand why you are getting some of the heat you are. I am sure you have your reasons but going forward, please try not to use IV forums to divide the community even if you feel there is a valid reason. Use a forum outside f IV for such initiatives.
Others...come on , don't add to the unfortunate situation and refrain from angry and reactive posts...
more...
unitednations
03-08 10:26 PM
While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.
Well,
Good luck to you then. :)
Well,
Good luck to you then. :)
TeddyKoochu
09-24 08:34 AM
my dear friend come back in reality..... to put it least harshly... �khayali pulav banana band karo� (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
more...
Beemar
09-20 09:31 PM
Dionysus,
Mine was a EB2 India, Feb 2006 PD. I was hopeful in the month of august, but then I had lost hope because everybody was saying visa numbers got over. However, surprisingly they approved the case in September. Looks like CIS has many aces ups its sleeve. It never fails to surprise us.
Also, I received only one soft LUD on my application, then suddenly it is card production ordered.. wow.
Anyway, it FREEEEEEEEEEEEDOM...............
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
Mine was a EB2 India, Feb 2006 PD. I was hopeful in the month of august, but then I had lost hope because everybody was saying visa numbers got over. However, surprisingly they approved the case in September. Looks like CIS has many aces ups its sleeve. It never fails to surprise us.
Also, I received only one soft LUD on my application, then suddenly it is card production ordered.. wow.
Anyway, it FREEEEEEEEEEEEDOM...............
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
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venkybr
09-19 02:50 PM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Did you mean your checks were cashed on Sept17th instead of July17th ?
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Did you mean your checks were cashed on Sept17th instead of July17th ?
more...
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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pcs
03-08 02:15 PM
This will really help. Simple things like posting on various web site forums about IV will be great
more...
chaukas
05-23 11:49 AM
Done. Sent to all .
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chanduv23
04-20 01:58 PM
Can we assume there are no issues?
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saint_2010
07-02 09:05 AM
Sent via USPS
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Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
on 06/30/2007
2nd Day delivery
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raj2007
04-23 10:09 PM
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
more...
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sweet_jungle
11-06 01:42 PM
I am NSC-CSC-NSC person. I opened service request for not receiving FP.
I got a response from NSC after 30 days that my case is waiting for an opening at local ASC for FP. what an idiotic response !!
I called them again and they said that since they have responded to service request, only thing to do is wait 60 days more. they cannot again file service request. I guess I have to just keep trying till I get a good rep.
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
I got a response from NSC after 30 days that my case is waiting for an opening at local ASC for FP. what an idiotic response !!
I called them again and they said that since they have responded to service request, only thing to do is wait 60 days more. they cannot again file service request. I guess I have to just keep trying till I get a good rep.
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
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02-10 07:07 PM
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hoolahoous
08-27 06:22 PM
GC comes with a 'sleeve' to keep the card safely. The pouch in the sleeve have special silver lining to prevent 'de-magnetisation' over the period. Please, take due care as its not easy to get replacement.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
I was advised so, at SSA. As I was about to put the card in my wallet (Ya, I went to SSA to update my ssn) gentleman at the window interrupted me. I thought I should share this small tip with IVian fella.
Good luck to everyone !!
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
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geevikram
07-20 09:40 PM
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
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Gravitation
04-22 08:23 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
kshitijnt
04-30 01:56 AM
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
There is a separate quota for EB1 and EB2 and EB3. EB3 category has highest number of applicants.
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
There is a separate quota for EB1 and EB2 and EB3. EB3 category has highest number of applicants.
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
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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