chi_shark
07-10 11:28 AM
so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
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EADplease
09-11 04:45 PM
Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
abq_gc
08-17 06:22 PM
Has anyone with the following criteria got receipt notice or have their check cashed ?
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
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neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
more...
tonyHK12
02-09 09:09 PM
Ok, now I am a recurring donor...
I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
thanks for your contribution 'gk_2000', this is also for user 'gujju'. Please send your details to ivcoordinator@gmail.com to get Donor access and you will get a lot more details of our advocacy efforts.
IV username:
Ph #
City and State of residence:
Pay pal receipt date:
Transaction / subscription #:
Date of payment:
One time or recurring donations: Recurring
For members - All one time donations for the next 2 months will be for the April 2011 Advocacy days.
I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
thanks for your contribution 'gk_2000', this is also for user 'gujju'. Please send your details to ivcoordinator@gmail.com to get Donor access and you will get a lot more details of our advocacy efforts.
IV username:
Ph #
City and State of residence:
Pay pal receipt date:
Transaction / subscription #:
Date of payment:
One time or recurring donations: Recurring
For members - All one time donations for the next 2 months will be for the April 2011 Advocacy days.
debabratn
07-05 09:31 AM
Received at Lincoln, NE. Sign for by J.BARRRET at 10.25 AM.
more...
mygc2006
09-18 08:52 AM
I got EAD Card Production ordered email yesterday for my wife!
EAD mailed to TSC - Aug 14th
ND - Aug 19th
Approval email - Sep 17th
Thanks and wish you all good luck!
EAD mailed to TSC - Aug 14th
ND - Aug 19th
Approval email - Sep 17th
Thanks and wish you all good luck!
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GKBest
10-12 08:02 PM
Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
more...
skdskd
11-21 03:56 PM
Our thoughts and Prayer with you.
Have Faith in almighty god.
I don't know what to say.
You are really a bold man, I can not imagine thinking beyond myself in time of trouble.But you are great Mehul.
Have faith in god and take second/third opinion
Have Faith in almighty god.
I don't know what to say.
You are really a bold man, I can not imagine thinking beyond myself in time of trouble.But you are great Mehul.
Have faith in god and take second/third opinion
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asanghi
07-05 01:35 PM
I think you have already decided to send flowers to make more impact change the message from "Get well soon" which I don't think anybody is going to get, send something "You have screwed my life, I hope you have a good day".
more...
mita
08-18 01:21 PM
BOTTOM LINE:
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
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gc28262
06-28 01:00 PM
http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/a/8/a8a435681018b21ccbfd25684294cc54@endecaindex&source=19&FREE_TEXT=Citizen&rating=99
Java /J2EE Developer(GC and Citizen Only)
Norristown, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
The successful candidate will have 3+ years of experience developing and testing web-based applications, As a member of a project team, the Java Developer will assume various roles including design, code and test roles.
The Information Technology Department delivers superior customer experiences through the Exclusively Inhouse development and support of front and back office systems while focusing on IT's four core values: Partnership, Excellence, Innovation and Efficiency.
IT Development is responsible for all aspects of software application delivery and maintenance, including business analysis, technical design, software development, vendor management, quality assurance, implementation and support.
Responsibilities
Work with other members of the project team and business owners to refine and clarify business requirements.
Code and test software to meet standards and within acceptable defect tolerances of design specifications.
Support and review the work of other developers.
Communicate and document status to project leadership.
Work with IT and business test groups to support quality and acceptance tests.
Assign development activities to self and other developers. Track progress of assigned activities.
Ensure that all code retains logical stability, reliability, confidentiality, and integrity of Medicals systems is in accordance with Medical policies, procedures and guidelines, taking appropriate actions for all violations
Java /J2EE Developer(GC and Citizen Only)
Norristown, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
The successful candidate will have 3+ years of experience developing and testing web-based applications, As a member of a project team, the Java Developer will assume various roles including design, code and test roles.
The Information Technology Department delivers superior customer experiences through the Exclusively Inhouse development and support of front and back office systems while focusing on IT's four core values: Partnership, Excellence, Innovation and Efficiency.
IT Development is responsible for all aspects of software application delivery and maintenance, including business analysis, technical design, software development, vendor management, quality assurance, implementation and support.
Responsibilities
Work with other members of the project team and business owners to refine and clarify business requirements.
Code and test software to meet standards and within acceptable defect tolerances of design specifications.
Support and review the work of other developers.
Communicate and document status to project leadership.
Work with IT and business test groups to support quality and acceptance tests.
Assign development activities to self and other developers. Track progress of assigned activities.
Ensure that all code retains logical stability, reliability, confidentiality, and integrity of Medicals systems is in accordance with Medical policies, procedures and guidelines, taking appropriate actions for all violations
more...
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sanhari
07-19 04:08 PM
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
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surabhi
04-23 03:50 PM
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
more...
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pbuckeye
02-15 09:35 AM
Great initiative IV. Finally signed up for monthly contributions. If that doesn't count towards the event fund, will make a one time contribution as well.
Here is the paypal info for the monthly subscription:
Donation to Support Immigration Voice (User: pbuckeye)
Unique Transaction ID # 8TU01799C9450725Y
Subscription # S-55296973D5390092N
Here is the paypal info for the monthly subscription:
Donation to Support Immigration Voice (User: pbuckeye)
Unique Transaction ID # 8TU01799C9450725Y
Subscription # S-55296973D5390092N
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paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
more...
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bostonqa
06-11 01:21 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
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hi_sunny74
09-17 03:34 PM
Do let us know incase your receipt numbers start with WAC
>>>>>
My receipt numbers started with src
>>>>>
My receipt numbers started with src
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sats123
06-22 11:23 PM
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
eb3_nepa
05-02 11:33 AM
Ragz thanks for removing the unnecessary quotes :)
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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