Thursday, June 30, 2011

war of the worlds 2005

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  • hiUS
    09-09 10:16 AM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    Hi wait4ever,

    Please post your Infopass experience when you are done with it today.




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  • PDOCT05
    08-28 09:54 AM
    I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
    I have counted my self from diff forums and seen around 10+ cases who got their RN's.




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  • vsattri
    08-27 12:59 PM
    July 30th. No news yet.




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  • jungalee43
    11-19 04:00 PM
    I called senator's offices. One senator's voice mail box is full. I will call them again Monday. Another senator's office directed me to their Atlanta office. Here they handle individual cases only. So the staffer said their is no point in my driving there and meeting them in person. But the staffer gave me his direct e-mail id and asked me to mail him the issues, views, suggestions etc. He assured me that he would forward it to DC office and would make certain that someone calls me from the DC office and hears my views.
    I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
    There is no use however talking to our House Rep. though.



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  • PD_Dec2002
    07-07 09:44 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....

    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant




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  • kg318
    04-23 10:00 PM
    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not �reasonable�?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).




    Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.

    As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"


    Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.

    AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.


    Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
    just make the employee sign it to restrict him from making better living and not give anything in return....


    Seems like these things are favourable to all the h1b employees.
    If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.



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  • kshitijnt
    07-09 02:02 PM
    Dear Friend:

    Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.


    Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!




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  • chmur
    07-27 06:58 PM
    It has been hinted that EB3 lobbying undermines recapture efforts . Could proponents of this theory explain how??

    Why both cannot happen simultaneously??

    I have only seen implications to this effect but nobody has come forward and said it plainly - You EB3 folks don't spoil the EB2 party because you had it good previous years and we are afraid if you make too loud a noise, our party might come crashing down.

    Everybody seems to imply it but nobody wants to call it as plainly as I stated it above.

    I might have exaggerated the fear factor but I am unable to find any other reason as to they would discourage EB3-I lobby under the pretext of recapture efforts.



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  • dingudi
    03-18 11:24 AM
    No FP yet for me either. spouse received and completed FP couple of weeks ago.

    I do not understand why the national center tells that FP is based on local availability and local center tells no FP because name check pending . These are so inconsistent and different answers we get from same organization.




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  • gccovet
    02-12 10:52 AM
    bump^^^^^^^



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  • amdn123
    01-24 06:52 PM
    Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.




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  • obviously
    04-24 10:53 AM
    Folks, it is time for the H1B community to grow up. Business is business. I am not a blood sucking deshi firm, or a silent partner. On the contrary, I happen to be a trained mediator, published author on conflict management and professional in strategy/organizations. My view is pretty simple: mathematical 'tit for tat' doesnt take you far. Build, nourish and manage relationships. Money and math are secondary. Its time to grow up.

    MR. Obviously



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  • adde72
    07-06 04:53 PM
    DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...




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  • malaGCPahije
    03-26 03:50 PM
    Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.

    Unfortunately for me, my PD is Nov 2004. So I guess I will have to wait it out till 2010 or later maybe. I hope things move early than late...



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  • Googler
    06-17 01:41 PM
    Hi Gurus,

    I was looking at the processing times for the NSC 485 applications and it shows March , 2007.

    Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
    Or is it Wishful Thinking???

    It would be great if we kept this thread for receipt issues only but..

    Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.

    BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:




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  • SunnySurya
    08-18 01:10 PM
    Not sure what IV core can do here. Can people contact their lawyers to speak to AILA about this...
    I think IV core shud take the matter with USCIS or the concerned people.



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  • krishnam70
    07-11 07:02 PM
    Are you a journalist by any chance? :D


    As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.

    We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.




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  • raj2007
    04-23 02:46 PM
    hi all,

    Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........

    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer’s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are “reasonable” in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not “reasonable”?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).




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  • eb3retro
    01-31 12:25 AM
    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains

    so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?




    PDOCT05
    10-11 09:31 AM
    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.

    Congrats ...i think July 3rd filers count down started...please update list.




    man-woman-and-gc
    09-15 01:22 PM
    hi,
    Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.

    Process is simpler than u can imagine,...just send a private message to me with the folowing info:
    1) IV Handle
    2) Ph#
    3) Email ID
    4) Amount u want to pledge.

    The chek ur IV handle and amount appear on the below list of pledged members:
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#



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