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  • kg318
    04-24 08:10 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.





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  • CIRCLE I#39;m watching some fish



  • Jimi_Hendrix
    10-27 11:10 AM
    I do not think IV is standing alone on this issue. I think that IV is making alliances based on our membership size, funding and reach capabilities. Many times when such alliances may be formed, the other side may not want to be identified in the media. This is particularly true in the current political climate where each side is out to villify the other. I believe that as individuals we should keep creating more awareness among fellow retrogression sufferers and GC applicants alike. I find it amazing that there are so many applicants out there who have not heard about IV. I keep meeting people who suffer from so many retrogression issues and then again they are doing nothing to fight it.





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  • COMMON GOLDFISH



  • optimist578
    03-08 02:04 PM
    I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
    We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
    I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.





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  • SGP
    11-18 01:56 PM
    "There is no harm in trying. Leave no stone unturned."

    This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.

    I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.

    Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.



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  • SunnySurya
    08-24 09:19 AM
    Please don't get me started now. Almost everyone on this forum lurks because of self interest. If one has to do public service , I would join a organization like CRY etc.
    Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
    But I strongly suggest that you should get a life!!!


    >> You are talking about 2004, 05
    SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.





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  • krishnam70
    07-11 09:05 PM
    Eom



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  • vallabhu
    07-02 10:00 AM
    My Attorney mailed 225 Packages via DHL shipped at June 30 12:00 EST on Saturday, I was 5 minutes late so mine went on 4:00 PM FEDEX.

    I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).





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  • mpadapa
    08-18 04:16 PM
    8 pages of little substance..:D

    Problem: USCIS is not following FIFO

    Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:

    SOLUTION

    Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone


    Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.


    Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.

    Best solution is HR 5882, it benefits everyone

    It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
    Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.

    Let us have a healthy debate to solve the problem rather than fighting over silly comments..



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  • blacktongue
    11-18 01:37 PM
    I also suggest partnering up with Reform Immigration For America as they have large numbers of supporters as well. I urge core IV members to contact them as time is short for us
    .. confirming that I have sent the faxes for myself and for whole family

    I went on website and see IV is their partner

    Reform Immigration For America
    Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/about/organizations/)

    A lot of big organizations there in list.





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  • sam2006
    07-20 12:56 AM
    thank you all for coming forward ....

    guys lets aim 50 by tomorrow



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  • WaldenPond
    06-28 04:37 PM
    Hello LCtank,

    Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.

    If anybody has more of such suggestions/leads please send them across and help this effort.

    Thanks again,
    WaldenPond





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  • techbuyer77
    06-18 10:40 AM
    When was your friend's Priority Date current? June 1st? Or, I assume, before that?
    i dont know her pd, she sent the stuff on may 18th and she got the receip around the 6/6/7



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  • snathan
    04-24 02:46 PM
    Hi JaiHind/Balaji,

    Are you alrite? Mehul already passed away on March 2nd 2008 and now you want him to take second opinion. Please read the whole story before you comment.





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  • ban the sale of goldfish,



  • sb15
    08-25 10:33 AM
    When i initially got RFE, i didn't know at that time that there were already few H1-B's denied from my company. I believe last year when CSC started processing H1-B's they issued RFE's to lot of companies. Most of them got through even though they had few issues but unfortunately my ex-employer got caught and they have denied majority of extensions and new petitions with the reasons i have mentioned before. Till that time, i didn't had much knowledge about the process. I thought i was safe coz my W-2's were almost double the amount that stated on the labor and i was employed, i have provided all the client details, PO and everything. Inspite of that, my extension was denied. Coming to your questions, i have moved out of the company after 6 months of my 485 filing. I haven't filed any H1-B, No AC21(just change of attorney) and i also have an another 140 pending with my new employer and i don't think that 140 is going to work coz there are lot of complexities. Talk to your employer about this. Are you the only person in this situation or anyone else with you in your company. Are there any other petitions that are recently being approved or denied? He is the right person who can tell you about your petition. If you think your employer is not that good by sticking with all the rules,you still have time to move to another company. Even if your petition gets denied, if you want to maintain H1-B status, you can still do that, but there is little bit of extra money involved to get back on to it.

    There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..


    Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?

    Thanks for the response, I really appreciate it...

    s



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  • gc_peshwa
    11-17 04:45 PM
    Pappu
    Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
    IF IV has to throw its might behind this bill we need to:
    -Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
    -Use phone calls (Can we have a mass phone campaign)
    -Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
    -Email (what this thread is about right now)





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  • xu1
    05-03 11:58 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
    Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.

    And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.



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  • dpp
    07-28 11:51 AM
    This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?

    You agree it or not, from USCIS/Congress point of view,

    Order of preference is, EB1 -> EB2 -> EB3.

    If you are eligible for EB1/EB2, go for it. Nobody is stopping you.




    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?





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  • Goldie - a big gold fish



  • tamil12
    09-23 05:54 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.

    Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.





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  • prom2
    09-08 04:43 PM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.

    No, I-485 and EAD have different receipt numbers and each case status is different.

    Good luck !





    logiclife
    10-08 02:52 PM
    What is wrong if people want USCIS to process EB based I485 strictly on PD as per the law. You may claim that is what they are doing, but it is not true all of us know that. This whole thing is working like the GC lottery with more complexity.
    I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
    People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
    Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right

    Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.

    Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).

    Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".

    These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.

    When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.

    So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.

    Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.

    So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.





    crystal
    07-05 11:11 AM
    You are absolutely right. The thread owner should have explained the concept for the non-indians and made it more acceptable by others.
    It is never late , the thread owner can you please update in the first page regarding what this is all about.

    Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.

    Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all



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