sathweb
01-30 03:34 PM
My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
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makemygc
07-09 03:00 PM
everyone....join hands....send flowers so that they reach Tomorrow.....
Show them we are from the Land of Gandhiji !!!
coolvigo, sent you a PM. Please see.
Show them we are from the Land of Gandhiji !!!
coolvigo, sent you a PM. Please see.
CADude
08-22 10:38 PM
Congrats!!. Good to know that TSC started processing for July NSC --> TSC transfer cases. Hope in next 2 weeks they will finish July 2nd NSC --> TSC transfer cases.
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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venky08
12-18 06:59 PM
They say that you become what you think most of the time. Do you really think good things about yourself? Try to develop a habit to see silver lining to anything in life...it will take you a long way not only with GC stuff but other issues which we have to deal with day to day.
Cheers!
Cheers!
more...
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.
Redeye
08-18 04:03 PM
What he keeps forgetting is IV is I and We....not EB3 and EB2. It is high time he stops playing EB3 Vs EB2 card...
This is immigration voice not EB2 voice....
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
This is immigration voice not EB2 voice....
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
more...
ghost
11-18 10:37 AM
Done...thanks!
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simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
more...
vijayrudra
05-23 01:09 PM
Emailed to the listed and WI senators
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mmillo
11-17 03:51 PM
D, Twice, one from my e-mail and the 2nd from my wife's e-mail.
more...
dingudi
01-06 03:03 PM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
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ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
more...
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gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
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.
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.
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.
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rangaswamy
07-06 05:24 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
more...
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asterix
07-09 06:06 PM
http://www.palaceflorists.com/?PromotionCode=reset
This is a local DC florist who will send the flower on Jul 10th. They will deliver it tomorrow. Please use this and help make a statement and draw some attention
This is a local DC florist who will send the flower on Jul 10th. They will deliver it tomorrow. Please use this and help make a statement and draw some attention
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pappu
03-08 08:55 AM
would you be interested in spending some time everyday for IV volunteer work?
If yes, update your profile with contact information for us and let us know your interest area for IV work and we can work together. Posting a note on the forum can only help you and the organization if an effort is made to solve the problem.
Work with us. Join state chapter and meet lawmakers and tell them about your issues. Our combined energies can be utilized here and we can make a difference.
If yes, update your profile with contact information for us and let us know your interest area for IV work and we can work together. Posting a note on the forum can only help you and the organization if an effort is made to solve the problem.
Work with us. Join state chapter and meet lawmakers and tell them about your issues. Our combined energies can be utilized here and we can make a difference.
more...
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Openarms
05-02 02:42 PM
It seems to me that there is a discrimination going on with EB3 India. So far there are not many approvals why???? They are trying to suppress this EB3-India category why??? lot of approvals in EB2-India? why??? don't say they are less cases.
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logiclife
05-03 12:56 PM
Dish,
Everyone here on this forum understands the frustration of H4 limitations.
However, to say that IV has not done anything beyond media publicity is far from truth.
I hope that you read the "Amendments" link on the homepage(top).
These amendments sponsored by Sen. Brownback and co-sponsored be Sen. Alexander and Bingaman DID NOT HAPPEN AUTOMATICALLY.
And they did not come from other organization or lobbying firm. They were introduced to the comprehensive bill on April 7(Just before recess) SOLELY due to efforts of IV, QGA, AAPI and the good staff at Brownback's office.
I have to point this out because by saying that "IV has not done anything besides media publicity" is not true and it discourages people who have spent hundreds of dollars of OWN money to travel to Washington DC and lobby for these amendments. On top of that, core group members HAVE taken UNPAID TIME OFF FROM THEIR WORK to travel to DC. These things are not easy to get done. Unfortunately there is a partisan env now in Senate and the Comp bill's future is uncertain but had that bill been passed in Senate, it would have had amendments that come from nowhere else BUT Immigration voice.
So please be kind to the group and have patience. H4 applicants have a bad situation, but there are some in our membership who have been laid off after 6th year and are looking to go back to India as their current employer would withdraw the pending labor. So these guys are GOING BACK to country of origin along with their H4 SPOUSES. Things could be a lot worse and one should be mindful that everyone has problems in their lives.
thanks.
Everyone here on this forum understands the frustration of H4 limitations.
However, to say that IV has not done anything beyond media publicity is far from truth.
I hope that you read the "Amendments" link on the homepage(top).
These amendments sponsored by Sen. Brownback and co-sponsored be Sen. Alexander and Bingaman DID NOT HAPPEN AUTOMATICALLY.
And they did not come from other organization or lobbying firm. They were introduced to the comprehensive bill on April 7(Just before recess) SOLELY due to efforts of IV, QGA, AAPI and the good staff at Brownback's office.
I have to point this out because by saying that "IV has not done anything besides media publicity" is not true and it discourages people who have spent hundreds of dollars of OWN money to travel to Washington DC and lobby for these amendments. On top of that, core group members HAVE taken UNPAID TIME OFF FROM THEIR WORK to travel to DC. These things are not easy to get done. Unfortunately there is a partisan env now in Senate and the Comp bill's future is uncertain but had that bill been passed in Senate, it would have had amendments that come from nowhere else BUT Immigration voice.
So please be kind to the group and have patience. H4 applicants have a bad situation, but there are some in our membership who have been laid off after 6th year and are looking to go back to India as their current employer would withdraw the pending labor. So these guys are GOING BACK to country of origin along with their H4 SPOUSES. Things could be a lot worse and one should be mindful that everyone has problems in their lives.
thanks.
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vkotval
03-26 11:07 AM
I don't know how you have calclated that. As far as I remember seeing various threads on this forum, there are atleast 5-6K EB3 in 2002 and similar number in 2003 for India. Considering 2.5 number used per family I an guessing we need atleast 20-25K Green card numbers for EB3 to move beyond 2003. With just 3300 EB3 available per year, my guess is it'll take 4-5 years for cuttoff dates to go past 2003. I may be pesimistic, but this country's immigration system has taking all optimism out of our American dream...
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
GCStatus
09-14 02:32 PM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Its for EVERYONE - Read my original description
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Its for EVERYONE - Read my original description
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.
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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