Tuesday, June 28, 2011

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  • rennieallen
    10-09 12:29 PM
    Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?


    Hmmm, I don't think this is a very good analogy to support your position.

    Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)

    Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.

    This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.

    This analogy is a nearly perfect counter example to (what I believe is) your intended point.




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  • chantu
    09-03 11:44 AM
    Yes, u r lawyer is right. It is fine to skip.

    Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.

    Can I skip the renewal process for now and apply for EAD later?

    My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.

    Please advise.

    Thanks,
    new2gc




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  • chunky
    08-31 01:11 PM
    I applied for my I140 in May and it is pending in Nebraska.
    I filed my AOS in Nebraska in July.

    I am in Texas Service center teritory. Does this mean that my case will be transferred to texas and I will receive receipt from texas

    Is anyone in similar situation




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  • pappu
    02-01 09:42 AM
    IV effort needs 50 thousand dollars to make sure we can meet our immediate needs and also make a big impact via this advocacy day event. There are several large and small expenses like booking hotel conference room near Capitol hill for organizing the event/situation room, Organizing reception for lawmakers, their staffers, and administration officials to attend, creating advocacy packets for each appointment taken, advocacy firm fees for helping out with a large event like this etc. We can plan more ideas like Press briefing event, full page ads in national newspapers if we can have sufficient resources. This event will most certainly bring our issues to the national center stage and help us get much needed immigration relief in the months ahead. IV is starting this campaign ahead of time to better plan and execute our advocacy day (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html).

    We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.

    This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.

    Checks can be mailed to
    Immigration Voice
    3561 Homestead Rd #375
    Santa Clara, CA 95051

    We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.

    Volunteers who want to keep track of the contributions and provide encouragement, please contact me.

    Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)

    Thanks
    Team Immigration Voice



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  • kanyewest
    02-12 11:13 AM
    Couple of questions here -
    1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
    2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
    a. your employment is terminated
    AND
    b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)



    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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  • wait4ever
    08-14 05:15 PM
    Congrats to all who are PRs now!

    After CPO e-mail, card arrives within 10 days.

    Chain of events are not consistent but usually at 1or 2 days interval, approval and welcome e-mails are seen as hard LUDs.

    I-797 notice of approval is enough to go to district office and have I-551 stamp in passport. This is the proof of GC.

    Enjoy, do not worry and relax!

    Remember your family, friends and IV.

    Please be generous in contributing (my continued participation, advisement and $$$$.....).

    Recurring contribution, small is beautiful and kaizen would help us all.

    Wish you all to be best citizens and ambassadors of peace, prosperity and happiness!!

    I directly got the Approval notice e-mail on the 4th - I also got the approval notice this week - I-797C -i.e Monday - but no cards as yet ?:confused:

    I did not get welcome notice nor did I get the CPO mail.



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  • waitingonlc
    06-14 04:04 PM
    My attorney sent my case on 05/31 via Fedex to NSC to reach by 06/01.so far no receipt received per my attorney.she has written the checks for me.I may have to wait and see.




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  • sanhari
    08-24 02:27 PM
    Anybody have any update or heard anything on the visa recapture bill HR5658(111th congress)?



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  • sss9i
    07-20 10:52 AM
    Bump up




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  • mrsr
    07-07 10:31 PM
    if it takes 2 or 3 years to fight this case, what is the use



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  • Lasantha
    07-02 09:32 AM
    will they throw it out because it reached in July? Oh well, just have to wait and see...

    I don't think so. I see lots of posts on this thread where the packages were actually accepted by NSC today. So you should be good. :D




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  • diptam
    06-22 01:50 PM
    Please keep us posted how you managed your employer...

    I laid out my plan above but yet to execute that :)


    My situation is similar too.

    The employer is not ready to file the 485, thinking that I may leave the company after 6 months.

    I have the I-140 receipt notice , but no approval notice.

    There is no way he is going to issue a employment letter , still debating my options.



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  • gc_aspirant_prasad
    07-09 11:58 AM
    I ve sent the pdf to my local newspapers. She is interested in doing the story.
    Pls call & talk to her : kcollins@newsobserver.com




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  • h4help
    10-10 07:40 PM
    July 5th Filer
    Husband got EAD
    I am still waiting !
    Damn it feels like I am waiting for ever .. I am so desperately praying for a good news on the EAD



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  • mike_2000_la
    06-12 01:12 PM
    My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...


    I dont think there is the so caled "unprecedented volume"




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  • shantak
    02-04 08:39 AM
    mine is July 2007 and im in Richmond, State of Virginia. Local ASC that would be processing my FP would be Norfolk.
    Thanks
    Hi,

    What is your 485 notice date and which state are you residing?



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  • va_il
    05-02 11:28 AM
    Where is the relief for foreign educated professional who is filed under EB3.

    They seem to exempt only for extraordinary ability ppl.




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  • neelu
    05-23 01:25 PM
    Finished calling the senators. Got hold of 2 + 7 senators.
    Started sending emails.

    Please everyone.........this is the time.
    Together we can do it.




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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.




    prashanthg
    09-17 02:01 PM
    Folks

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
    It is illigal for an employee to pay for the GC process.

    I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?

    I am utterly confused here.




    test101
    07-10 08:02 AM
    sorry do not have fax ..... but if you make new thread asking people for help maybe someone can do it with you



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