gauravster
07-08 04:10 PM
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
wallpaper too soon, RIP, we miss you
akhilmahajan
02-25 02:27 PM
Payment Sent (Unique Transaction ID #9SF61544AC045092G)
Original Transaction
Date Type Status Details Amount
Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Original Transaction
Date Type Status Details Amount
Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
mirage
03-07 11:48 AM
Nothing had been achieven in last 9 years. Last thing when anything that congress did for immigration was AC21 in 2000. Than how do you thing whatever our agenda is, can be achieved ?? While I think our agenda has to be modified so that we don't ask them what they have been rejecting repeatedly.
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
2011 We#39;ll miss you too! June 30th, 2009 · No Comments · Kith
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.
more...
delax
07-30 09:52 AM
Receipt Date - July 22, 2008
Notice Date - July 23, 2008
EAD Renewal for Self and Spouse
But guess what! When I enter the Receipt # in the online case status it gives me a message that the Receipt # is not valid. Will wait a week or so before making any calls.
Notice Date - July 23, 2008
EAD Renewal for Self and Spouse
But guess what! When I enter the Receipt # in the online case status it gives me a message that the Receipt # is not valid. Will wait a week or so before making any calls.
nixstor
07-07 10:26 PM
I think we should go to USCIS/DOS office. But problem is we have to do this on weekdays and most of member won't be join on weekdays because of work.
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
more...
msr999
08-18 06:00 AM
I got following emails:
8/14 - Card Production Ordered
8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
8/15 at 5 PM - Card Production Ordered
Looks like their system is not perfect
8/14 - Card Production Ordered
8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
8/15 at 5 PM - Card Production Ordered
Looks like their system is not perfect
2010 Too much homework you
neerajkandhari
10-08 07:06 PM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
more...
sankap
07-10 02:42 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking). My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
hair i say we miss you too )
acecupid
09-24 05:22 PM
Atleast we agree on one point that the law is absurd.
:eek: what is absurd is your thought process! :eek:
Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D
:eek: what is absurd is your thought process! :eek:
Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D
more...
syzygy
07-10 10:03 AM
If Sanjay Dutt is in country how about having him in rally? Even the american guys who have bought copyright to Munnabhai story might want to add some oil to fire
First off let us change the name of this thread from "Gandhigiri to DOS" to "Munnabhaigiri to DOS".
Gandhiji sent flowers to NO ONE.
First off let us change the name of this thread from "Gandhigiri to DOS" to "Munnabhaigiri to DOS".
Gandhiji sent flowers to NO ONE.
hot Hanks: We Miss You!
pkv
01-22 08:59 PM
All,
I've to complete my landing in next 2 weeks before my visa expires.
I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.
Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.
Would really really appreciate any help on this.
Thanks,
I've to complete my landing in next 2 weeks before my visa expires.
I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.
Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.
Would really really appreciate any help on this.
Thanks,
more...
house Aw and we miss you too :/ we
gbof
08-27 09:14 PM
it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
Without getting into the science, I tried to pass on the tip to GC holders (and expectants) giving a simple example... btw: I appreciate your posting explaining to like minded......'joy the w'end
here is more info ..
SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)
edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.
Without getting into the science, I tried to pass on the tip to GC holders (and expectants) giving a simple example... btw: I appreciate your posting explaining to like minded......'joy the w'end
tattoo I miss you too! We wish we
glus
06-04 11:11 AM
e-mailed my 2 NY senators with a personal letter explaining the problem in the new immigration bill. Requested changes to be made.
G
G
more...
pictures Domo-kun miss you too!
PBECVictim
08-13 02:53 PM
Did you file I-140/I-485 concurrently. Where is employer's office location? and your residency?
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
dresses WE MISSED YOU TOO SHEILAH
acecupid
07-03 01:26 PM
This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)
more...
makeup We miss you too this is
zeta7
03-28 07:34 PM
I landed on March 17, 08 and came back the same day to the US using Automatic Visa Revalidation. I had no questions asked either by Canadian or US authorities. When you land the Canadian authorities will staple a piece of paper to your PP as proof of PR until you get the PR card. While re-entering the US I remove that stapled paper as it was very annoying every time you opened the PP. Nobody will question you just because you have a plan B.
Using AVR may seem like using a viable option, but I'm not even sure if it is for me since I don't even have a H1B stamp in my passport (expired or otherwise) since I haven't left the country since I switched from F1 to H1B status. I'll almost certainly have to use AP to return to the US after landing. As per other concerns in this thread, I don't know if the scrutiny to my AP and passport with the Canadian Visa is going to cause issues when I re-enter.
Using AVR may seem like using a viable option, but I'm not even sure if it is for me since I don't even have a H1B stamp in my passport (expired or otherwise) since I haven't left the country since I switched from F1 to H1B status. I'll almost certainly have to use AP to return to the US after landing. As per other concerns in this thread, I don't know if the scrutiny to my AP and passport with the Canadian Visa is going to cause issues when I re-enter.
girlfriend We miss you too!
anzerraja
07-20 02:53 AM
Thanks Vipps !!!
It is members like you who keep up the spirit going.
$100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.
I will be doing R2I sooner, yet i feel guilty after reading that article.
It is members like you who keep up the spirit going.
$100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.
I will be doing R2I sooner, yet i feel guilty after reading that article.
hairstyles :o) We miss you too Ninong
svgupta
05-23 11:50 AM
and hopefully, some take an action!
senthil1
06-28 04:16 PM
What you can do if a company does not advertise but only hiring US citizens or GC holders and avoid all others? Many Indian companies are only hiring H1bs or Indian origins without ads. In USA all the hiring are at will basis. To resolve this fast try to get green card quickly. You will have preference over H1b holders. Instead of fighting individually with companies better to fight collectively to pass recapture bill or green card bill to get GC fast. You need to get multiple legal opinion whether those advertisements are legal. There may be some exceptions according to law.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
jai007
09-12 04:16 PM
My I-140 is pending in TSC. I have applied I-485 for self and wife on July 18. Received by K.Lawson in NSC on July 19th 9.29 AM.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
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