ashshah
12-07 01:51 PM
Even I am waiting for my FP from TSC.
I was thinking , that maybe , because there are so many of us who have not received FP notices, should probably send a fax or e-mail to ombudsman as a group listing our receipt numbers or maybe just names and tell them the inconsistencies from their side in issuing the FP notices.
I have a good feeling that if the letter/email or fax goes as a group , then they may take some action.
Just a idea , any inputs would be appreciated.
I was thinking , that maybe , because there are so many of us who have not received FP notices, should probably send a fax or e-mail to ombudsman as a group listing our receipt numbers or maybe just names and tell them the inconsistencies from their side in issuing the FP notices.
I have a good feeling that if the letter/email or fax goes as a group , then they may take some action.
Just a idea , any inputs would be appreciated.
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makemygc
07-02 09:14 AM
Sent via USPS
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
minimalist
02-12 12:07 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
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leo2606
07-19 07:22 PM
I pledge $100.00
Wait for someone to tell me how to send.
Wait for someone to tell me how to send.
more...
knnmbd
05-04 03:21 PM
Ok that is funny. So I have been waiting for 6 years now here and that is nothing. some kid comes in here and struggles to complete his MS and then just works for 3 years and gets in line before me !!
Not trying to sound negative here but it looks like a lot of people here are Masters ( either in EB2 or EB3 ) ?
I guess you do not have the slightest idea of the struggles and financial uncertainty of studying in the U.S. As a matter of fact THIS IS FAIR. Did you know that it cost over $20 K to go to school here just in tuition (with out any assistantship's, which is the norm for over 5 years now with the bad economy first and the lack of funding to graduate schools across the country) and most people who come on student visas gain experience through internships( on OPT's and CPT's) making as little as $10/ hour, not to mention working for minimum wages as they study to make ends meet and then and finally the effort of paying off student loans back home. Not only that a majority of people who come on F1 visas to U.S educational institutions pursue Advance degrees in not so "lucrative" fields in terms of job prospects like core engineering fields, pure sciences and many of them go on to get PhD and become researchers.
That is exactly what the U.S wants; they want the brain drain to resurface to bring about innovation in engineering and sciences. The only folks that come to work directly in the U.S are the IT folks so you are looking at a small spectrum of people. Again this is a long awaited gesture from U.S immigration system to people's trials and tribulations who take the long and winding road to pursue advance degrees in the U.S and eventually get on to work and enhance their professional goals.
Not trying to sound negative here but it looks like a lot of people here are Masters ( either in EB2 or EB3 ) ?
I guess you do not have the slightest idea of the struggles and financial uncertainty of studying in the U.S. As a matter of fact THIS IS FAIR. Did you know that it cost over $20 K to go to school here just in tuition (with out any assistantship's, which is the norm for over 5 years now with the bad economy first and the lack of funding to graduate schools across the country) and most people who come on student visas gain experience through internships( on OPT's and CPT's) making as little as $10/ hour, not to mention working for minimum wages as they study to make ends meet and then and finally the effort of paying off student loans back home. Not only that a majority of people who come on F1 visas to U.S educational institutions pursue Advance degrees in not so "lucrative" fields in terms of job prospects like core engineering fields, pure sciences and many of them go on to get PhD and become researchers.
That is exactly what the U.S wants; they want the brain drain to resurface to bring about innovation in engineering and sciences. The only folks that come to work directly in the U.S are the IT folks so you are looking at a small spectrum of people. Again this is a long awaited gesture from U.S immigration system to people's trials and tribulations who take the long and winding road to pursue advance degrees in the U.S and eventually get on to work and enhance their professional goals.
raybarrone
08-13 05:02 PM
It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......
more...
SunnySurya
08-18 02:06 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
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english_august
07-06 01:02 PM
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
Put your text on a blog and then we can respond to it through comments. Make sure that you include links to the two articles that appeared in Wall Street Journal and New York Times on this issue.
Links are here
New York Times (http://www.arthshastra.com/pdf/NYT%20GreenCard.pdf)
and here
Wall Street Journal
(http://www.arthshastra.com/pdf/WSJ%20Green-Card%20Applicants.pdf)
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
Put your text on a blog and then we can respond to it through comments. Make sure that you include links to the two articles that appeared in Wall Street Journal and New York Times on this issue.
Links are here
New York Times (http://www.arthshastra.com/pdf/NYT%20GreenCard.pdf)
and here
Wall Street Journal
(http://www.arthshastra.com/pdf/WSJ%20Green-Card%20Applicants.pdf)
more...
eb3_nepa
08-18 02:50 PM
so the best u can reply is by cursing me... hahahaa
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
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jthomas
03-25 03:37 PM
My PD is Oct 2006. Its seems like i have to wait around 10+ years. Do you think i should go for EAD instead of H1B transfer and H1B extension
more...
bluez25
07-03 09:22 PM
Why the IV members are not making this simple protest sticky so that it gets more visibility with all the users.
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somex
02-22 05:36 PM
I am also frustated with GC process. It is literally controlling my life...
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
more...
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gondalguru
08-26 04:50 PM
Got EAD renewal card production order email today for me and my wife.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
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wantgc23
09-09 08:34 PM
In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
This is a very valid point.
Only options I see are
1. Follow IV's advocacy efforts
or
2. Just dont care about the damn GC and Live life :)
more...
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bbct
02-12 12:22 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
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Powersa
07-08 10:40 AM
even if AILF wins in say 2 years:
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
Precisely. Hopefully it will lead to some positive things for "future us".
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
Precisely. Hopefully it will lead to some positive things for "future us".
more...
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kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
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.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
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.
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paragpujara
08-09 07:44 AM
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
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josecuervo
08-11 10:55 PM
Just got an email that EAD card production ordered
ilwaiting
10-05 01:04 PM
If Reps win CIR might not pass at all. Since border Fence bill is passed now it shows Reps want a border security only bill. Remember Senate was opposing to a border security bill First? What happened now. America raised voice about it. And congress reacted by passing it.
If Dems win we stand a chance that CIR would be debated. Few legals provisions would squeezed into this CIR bill(which is maily for undocumented and ag worker). However its important that Dems take control of both senate and house.
Ont he flip side if Reps will, atleast there is a possiblity that SKIL bill might pass. that would help us.
If Dems win we stand a chance that CIR would be debated. Few legals provisions would squeezed into this CIR bill(which is maily for undocumented and ag worker). However its important that Dems take control of both senate and house.
Ont he flip side if Reps will, atleast there is a possiblity that SKIL bill might pass. that would help us.
venkygct
07-20 01:15 AM
I pledge $100
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