trueguy
07-27 07:29 PM
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
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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?
josecuervo
08-20 09:54 AM
FYI - for those approved and waiting for cards in the mail! Here are the details for self, spouse and child - all approved at the same time.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
delax,
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
delax,
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
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bondgoli007
08-18 03:13 PM
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
abq_gc...This is crossing the line...Please take your cussing and insulting out of public forum and private message all you want.
eb3_nepa...you have been around IV for a long time and seen your share of people who say unreasonable things...you should know better than engaging in a war of words with these people. I was and am against Sunny Surya's PD porting post but he has not been uncouth. I understand your opposition to any of his posts but please refrain from any more bickering...
SunnySurya....I appreciate you maintaining your cool but I hope you also understand why you are getting some of the heat you are. I am sure you have your reasons but going forward, please try not to use IV forums to divide the community even if you feel there is a valid reason. Use a forum outside f IV for such initiatives.
Others...come on , don't add to the unfortunate situation and refrain from angry and reactive posts...
abq_gc...This is crossing the line...Please take your cussing and insulting out of public forum and private message all you want.
eb3_nepa...you have been around IV for a long time and seen your share of people who say unreasonable things...you should know better than engaging in a war of words with these people. I was and am against Sunny Surya's PD porting post but he has not been uncouth. I understand your opposition to any of his posts but please refrain from any more bickering...
SunnySurya....I appreciate you maintaining your cool but I hope you also understand why you are getting some of the heat you are. I am sure you have your reasons but going forward, please try not to use IV forums to divide the community even if you feel there is a valid reason. Use a forum outside f IV for such initiatives.
Others...come on , don't add to the unfortunate situation and refrain from angry and reactive posts...
more...
akilaakka
07-24 09:45 AM
EAD applied on June 04, 2008
EAD production ordered June 27, 2008
EAD received July 03, 2008
EAD production ordered June 27, 2008
EAD received July 03, 2008
sk2006
09-03 01:58 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
more...
smisachu
10-08 06:28 PM
Bump
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nag2007
03-25 04:14 PM
I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
more...
SunnySurya
08-18 02:38 PM
Thats is true, it is always about me. Want to make it now about "you" ? Then write to ombudsman.
Who so ever is willing to support SunnySurya read his earlier posts.
All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.
.................................................. ................
Proud to be an IVian
Supported all the campaigns so far
$470 + $50 recurring
Who so ever is willing to support SunnySurya read his earlier posts.
All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.
.................................................. ................
Proud to be an IVian
Supported all the campaigns so far
$470 + $50 recurring
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pallavan
09-24 04:53 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.
Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.
more...
gchopes
02-02 11:35 AM
Is there any way we can work for our US employer from India on Indian salary? I am thinking a consulting company with presence in US and India (Manpower??) can set this up for us. So we will just be living in India and working remotely for the employer as a consultant. We will be paying indian taxes as the consulting company will be indian. Any thoughts?
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sam2006
07-19 09:47 PM
good goin guys
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
more...
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Refugee_New
08-18 02:23 PM
Hi Guys
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
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krustycat
10-05 10:05 AM
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
more...
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amitjoey
07-09 06:08 PM
Lawyers websites, and personal blogs are picking up on the "Flowers to USCIS" story. We need to make a big effort this evening, so more of the mainstream media is aware.
http://www.bibdaily.com/
http://www.bibdaily.com/
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TheOmbudsman
06-20 11:15 AM
It was expected that a pro illegal immigration leglistation would not pass this year. That is not my major concern. My concern is that if most pro amnesty/CIR incumbents get replaced coming November based on their immigration records, that will make passage of future pro immigration bills even harder. I believe that the fight to attach the illegal alien cause to the legal one may be around for a while. I am afraid that this cycle of defeats may be extended for few more rounds until a bill is passed or people give up from mixing legal and illegal cause. There is no sign yet that major lobbysts - AILA, etc - are giving up from the idea of attaching illegal and legal alien cause. By the way, according to numbersusa.com, AILA drafted most of the McCain/Kennedy amnesty bill. Mind you.
I heard Sen. King and others saying that the enforcement should be increased. Only 3-5 years later a bill should be discussed to see what to do with the illegal folks who are left here.
Yes, someday it will pass. Is it going to be too late for me though ?
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
I heard Sen. King and others saying that the enforcement should be increased. Only 3-5 years later a bill should be discussed to see what to do with the illegal folks who are left here.
Yes, someday it will pass. Is it going to be too late for me though ?
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
more...
makeup LEGO Star Wars Republic
pamposh
09-15 12:40 PM
Friends,
I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.
Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.
I will keep publishing this sheet from time to time on this thread so people know.
Please keep pouring in with ur suggestions.
My suggestion, please do not make the phone number and email ids available in public. Many (like me) may not like any/everyone knowing my phone number and email id.
we could just hide these two columns... just a thought.
I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.
Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.
I will keep publishing this sheet from time to time on this thread so people know.
Please keep pouring in with ur suggestions.
My suggestion, please do not make the phone number and email ids available in public. Many (like me) may not like any/everyone knowing my phone number and email id.
we could just hide these two columns... just a thought.
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sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
hairstyles 1272705861 Lego Star Wars
clear485
08-18 01:19 PM
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
NKR
04-24 08:11 AM
What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.
You have got all things reversed.
Most of the H1B guys have families, they have kids that they need to support, most of them are single income families because of green card delays and we need money to visit our home countries atleast once every 3 years when each ticket cost 1.5K $ and this employer keeps 4k which is not his, so who is insensitive and whose practice is best?.
Most consulting companies run by desis who do not want the company to grow big. They want to keep it small by hiring a handful of H1B guys and keep sc****ng them..
It has to be a win-win situation for both, especially when the employee finds his own project and has been doing a bit for the company, this needs to be reciprocated. If someone opens a company he cannot expect somebody to be working for him for-ever. If the employee wants to leave him after a couple of years, making his exit difficult is unprofessional, unethical and downright cheap.
You have got all things reversed.
Most of the H1B guys have families, they have kids that they need to support, most of them are single income families because of green card delays and we need money to visit our home countries atleast once every 3 years when each ticket cost 1.5K $ and this employer keeps 4k which is not his, so who is insensitive and whose practice is best?.
Most consulting companies run by desis who do not want the company to grow big. They want to keep it small by hiring a handful of H1B guys and keep sc****ng them..
It has to be a win-win situation for both, especially when the employee finds his own project and has been doing a bit for the company, this needs to be reciprocated. If someone opens a company he cannot expect somebody to be working for him for-ever. If the employee wants to leave him after a couple of years, making his exit difficult is unprofessional, unethical and downright cheap.
anzerraja
07-20 01:21 AM
Thanks venkygct !!!
I pledge $100
I pledge $100
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