aquarianf
04-25 10:27 AM
[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.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
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.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
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GCStatus
09-16 02:58 AM
You may want to follow up with them via a PM or email. Check the IV core link.
Yep, did already
Yep, did already
simple1
05-01 01:31 PM
Thanks vbkris77. That is what I am saying.
There is no references in INA showing EB dependents must be counted in EB quota. period.
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
There is no references in INA showing EB dependents must be counted in EB quota. period.
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
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eb3_nepa
07-05 01:29 PM
Instead send flowers to the MEDIA itself to notify them of how the sweet smell of the flowers reminds you of how sweetly various Government agencies have screwed us.
Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"
Trash zero dollars
Card from Hallmark, two dollars 50 cents.
UPS Fee ten dollars.
Getting the Message Through ---- PRICELESS ;)
Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"
Trash zero dollars
Card from Hallmark, two dollars 50 cents.
UPS Fee ten dollars.
Getting the Message Through ---- PRICELESS ;)
more...
transpass
08-20 08:51 AM
Krithi: Can you please let me know how to go to Adv Parole side. Although we have had them but have never used them before. So I need to guide my wife towards this AP area.
So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.
Sorry with my fundamental questions but I have never used my APs till now.
Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.
Thanks a lot
Best Regards,
You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...
So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.
Sorry with my fundamental questions but I have never used my APs till now.
Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.
Thanks a lot
Best Regards,
You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...
maag
05-31 08:16 AM
bombaysardar...
when do you plan to land
no questions were asked me while returning from India i used AP
when do you plan to land
no questions were asked me while returning from India i used AP
more...
GKBest
10-02 11:27 AM
Hi everyone,
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
And what time? Hopefully, I will be in that box.
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
And what time? Hopefully, I will be in that box.
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ashshef
09-10 08:25 PM
I have been a passive reader on these forums for the most part.
I would just like to express my appreciation for the work that IV does. I totally support the regular donation thing to gain access to one forum. If you don't want to donate, all you are losing is access to one forum. That forum is only for IV loyals who really believe in IV.
All that's needed is $25 donation to gain access to it. Lobbying in this country needs a lot of money. If you want IV to work for you, then it's the least you could do.
The regular donation thing also spurs some not-so-active guys like me to donate, when we might forget.
As for EB3, and people stressing about concenterating on EB3(I), you can't separate out one legal immigration issue from the other....ultimately all these efforts pay off for all of us. The more you divide all these up, the lesser your number is gonna be and the less likely any lawmakers will help you.
I understand how frustrating it is to wait for so long. I have been working in this country since mid-2000. I lost my H1 at 6 years and had to go on H4 and sit out from work for an year, when IV's push really helped me get my EAD during the July 2007 fiasco. And I am a VLSI Design Engineer who spent the first half of my stay in US as an employee in a big company(AMD), and still couldn't get anywhere with my GC.
I have seen ample cases reported on the Sep approval thread where people on EB2 have been in this country for 10+ years.
Most of us have faced issues with GC. And these issues might be different for all of us. But ultimately, we need to work with a common goal. Pointing fingers at each other in this scenario is the worst we could do to help ourselves, let alone help anyone else.
For those who can put in the time/money to help out IV. Nothing like it. If not, let's atleast appreciate the work people are doing, and let's stick together.
I would just like to express my appreciation for the work that IV does. I totally support the regular donation thing to gain access to one forum. If you don't want to donate, all you are losing is access to one forum. That forum is only for IV loyals who really believe in IV.
All that's needed is $25 donation to gain access to it. Lobbying in this country needs a lot of money. If you want IV to work for you, then it's the least you could do.
The regular donation thing also spurs some not-so-active guys like me to donate, when we might forget.
As for EB3, and people stressing about concenterating on EB3(I), you can't separate out one legal immigration issue from the other....ultimately all these efforts pay off for all of us. The more you divide all these up, the lesser your number is gonna be and the less likely any lawmakers will help you.
I understand how frustrating it is to wait for so long. I have been working in this country since mid-2000. I lost my H1 at 6 years and had to go on H4 and sit out from work for an year, when IV's push really helped me get my EAD during the July 2007 fiasco. And I am a VLSI Design Engineer who spent the first half of my stay in US as an employee in a big company(AMD), and still couldn't get anywhere with my GC.
I have seen ample cases reported on the Sep approval thread where people on EB2 have been in this country for 10+ years.
Most of us have faced issues with GC. And these issues might be different for all of us. But ultimately, we need to work with a common goal. Pointing fingers at each other in this scenario is the worst we could do to help ourselves, let alone help anyone else.
For those who can put in the time/money to help out IV. Nothing like it. If not, let's atleast appreciate the work people are doing, and let's stick together.
more...
abq_gc
08-18 01:11 PM
why cant we just file a lawsuit ??? What's stopping us from doing that ?
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centaur
07-09 07:12 PM
She is great. I just spent 15 minutes talking with her. She has all her questions written in front of her and she seems really serious about pursuing this story.
Every one should call her at 2023346701, name is Xiyun
I spoke to this journalist for almost 20 minutes
She is awesome and really really listens to you and gets a lot of information to you
THIS IS A LIVE PERSON
She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
Call her and she picks up the call.
Every one should call her at 2023346701, name is Xiyun
I spoke to this journalist for almost 20 minutes
She is awesome and really really listens to you and gets a lot of information to you
THIS IS A LIVE PERSON
She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
Call her and she picks up the call.
more...
neelu
05-23 10:49 PM
Sent emails to each of the senators listed on the first page of this thread using the forms on senators' websites.
Guys, it barely takes any time to do these simple tasks.
Look forward to more participation in all IV campaigns.
Guys, it barely takes any time to do these simple tasks.
Look forward to more participation in all IV campaigns.
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calabor2001
05-02 08:59 PM
This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
more...
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EB3_SEP04
08-13 06:30 PM
Navyug, 2ndJuly,
Congrats and thanks for the update. I feel better now! (no i wasn't sick :D)
Congrats and thanks for the update. I feel better now! (no i wasn't sick :D)
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Michael chertoff
02-10 08:31 AM
Is this the best you got??
C'mon kiddo
Mr. belmontboy...you are the only one Smart@#$ we got here.
MC
C'mon kiddo
Mr. belmontboy...you are the only one Smart@#$ we got here.
MC
more...
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vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
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nyte_crawler
05-04 02:56 PM
I believe SKIL is another way of showing that politicians just want to start something to show that they are immigrant friendly. I don't know how far this can go through. My question is this,
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
more...
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pd052009
09-23 01:50 PM
Dude... Whatz up?
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"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 someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"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.
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HelloGC07
08-03 05:10 PM
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
No LUD on approved I 140
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
No LUD on approved I 140
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pittdude
02-18 11:13 PM
bump..
indianabacklog
05-23 07:41 AM
IV is trying to get rid of retrogression which is a great goal. However, this very thing has caused hundreds and thousands of children to age out. Would it be awful to add this into the matter. I know our lives have been put on hold waiting and waiting but some of our childrens lives have been thrown down the pan in that time. We will eventually have passage to permanent residency they will not.
gc_vbin
02-21 01:13 PM
Donated $50 via paypal
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
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