josecuervo
08-20 12:02 PM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
wallpaper The tattoo was supposed to be
aquarianf
04-24 11:29 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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
Lasantha
02-05 12:01 PM
OK, I found this google groups post I did soon after completing my landing. This describes in detail my landing experience. Hope this helps.
http://groups.google.com/group/misc.immigration.canada/browse_thread/thread/a6c189aee5c03666/c8d7e48833f61b6a?hl=en&lnk=gst&q=lasanthar#c8d7e48833f61b6a
http://groups.google.com/group/misc.immigration.canada/browse_thread/thread/a6c189aee5c03666/c8d7e48833f61b6a?hl=en&lnk=gst&q=lasanthar#c8d7e48833f61b6a
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diptam
06-23 10:51 AM
I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
more...
eb3_nepa
08-13 05:30 PM
:confused:
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
Please participate in publicity campaign for the Sep 18th rally at DC (http://immigrationvoice.org/forum/showthread.php?p=141453#post141453)
:confused:
Dude pls stop advertising about the rally, we all know about it and we're coming. Pls stop posting the same info about the rally over and over again. If the Title in BOLD RED does not attract people's attention on the Homepage i dont think your posts are going to do it either.
johnamit
08-20 12:12 PM
Mine is same case except I have no LUD changes so far and no activity either.
more...
rbusgc
02-02 04:24 PM
[QUOTE=spulapa;2310211]
think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
2010 and Grey Dragon Tattoo
GCStatus
09-16 04:38 PM
I can pledge around 200-250 for this.
Go IV!!
Do it, Just do it
Go IV!!
Do it, Just do it
more...
trueguy
09-19 07:46 PM
I agree with above analysis except 5% assumption is not good assumption. It might be 2% or less
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sanjeev
06-18 12:53 PM
Just heard from my employer checks cleared on 15th June
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Priority Date Sept 2002
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Priority Date Sept 2002
more...
msp1976
03-09 01:54 PM
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
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saileshdude
09-24 12:11 PM
Surabhi,
Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.
That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.
That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
more...
house Tattoo Double Dragon
walking_dude
10-08 02:31 PM
Please donate $5000 to IV and they'll make it their top-most agenda
/sarcasm off
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
/sarcasm off
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
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AllVNeedGcPc
04-13 10:36 PM
- Flew into YYZ (with family), completed landing process last week
- Have expired H1-B stamp but approved I-797s
- Flew back this week on AVR
- No questions asked on both sides
- Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
- Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
- I would not suggest giving up the Canadian PR based on just rumors and no facts
- Have pending 140 and 485
- Have APs too, but did not use them
- Have expired H1-B stamp but approved I-797s
- Flew back this week on AVR
- No questions asked on both sides
- Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
- Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
- I would not suggest giving up the Canadian PR based on just rumors and no facts
- Have pending 140 and 485
- Have APs too, but did not use them
more...
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KiranKashi
02-06 09:48 AM
Contributed $50.
Transaction ID for this payment is: 9HC60443VA201913V.
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
Transaction ID for this payment is: 9HC60443VA201913V.
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
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gsc999
07-09 01:01 PM
Please do not start new additional threads regarding the flowers campaign. It dilutes the focus and creates confusion, at least for me.:confused:
more...
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dtekkedil
07-02 11:30 PM
these things rrgood for movies not practical life. 2 days more and everyone will move on. just watch...
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
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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.
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GC08
07-08 11:51 AM
People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
The suit is long over due. If we do not do it, they will never learn the lesson and they will continue screw not only us, but the future generation again and again. I wish the previous generation had done that for them as well as for us, and we would not have been in such a pathetic situation. :mad:
The suit is long over due. If we do not do it, they will never learn the lesson and they will continue screw not only us, but the future generation again and again. I wish the previous generation had done that for them as well as for us, and we would not have been in such a pathetic situation. :mad:
satish_hello
08-13 10:53 PM
Hi all,
My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.
I am seeing people are getting filed on july2nd.
I will update once my check cashed, pls. kep the updates.
-satish
My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.
I am seeing people are getting filed on july2nd.
I will update once my check cashed, pls. kep the updates.
-satish
ilwaiting
05-04 04:38 PM
No pun intended here. But I was a fresher too at some point of time in my life!!!. Didn't mean to offended anyone. Anyway, I think this is a pointless discussion. Congress is going to do what they want to do. I just wanted to putforth my thoughts in my previous message.
Also, I would think I would benefit from any law they pass pertaining to EB.
I just dont understand the logic that If these "kids" get off the queue how will I get it. If the kids get out in a year i may have to wait another 2+ years to get a GC. I really dont see how having US degree in their hands helps. Let me take my example I was hired 3 years after college directly from my country from an multi-billion dollar market cap company from here. I quit that in 3 years and joined some other company that is a different thing.
And as far as studying here that is your problem if you want to spend money and study. As far as being helpful to US I have paid a lot more in terms of Taxes and other things than someone who has 3 years and mostly studied here on assitantships. And also being a hiring manager for the company have hired may US citizens as well.
Im not trying to create a division here. All I'm trying to say is that everyone needs to be helped not just only with Masters degrees.
Also, I would think I would benefit from any law they pass pertaining to EB.
I just dont understand the logic that If these "kids" get off the queue how will I get it. If the kids get out in a year i may have to wait another 2+ years to get a GC. I really dont see how having US degree in their hands helps. Let me take my example I was hired 3 years after college directly from my country from an multi-billion dollar market cap company from here. I quit that in 3 years and joined some other company that is a different thing.
And as far as studying here that is your problem if you want to spend money and study. As far as being helpful to US I have paid a lot more in terms of Taxes and other things than someone who has 3 years and mostly studied here on assitantships. And also being a hiring manager for the company have hired may US citizens as well.
Im not trying to create a division here. All I'm trying to say is that everyone needs to be helped not just only with Masters degrees.
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