Gravitation
04-22 11:51 AM
Non-compete are notoriously hard to implement. Most of the courts don't want to prevent people from earning a livelihood. When Microsoft sued its ex-employee who joined Google, it was a rare exception when any company even bothered to sue for a non-compete.
The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.
If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.
If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.
If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.
If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
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anotheroneonqueue
08-26 05:14 PM
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.
Pineapple
10-27 12:21 PM
Just to clarify, it is just one person (The Ombudsman), not "folks". My previous comment was meant to illustrate the absurdity of such a suggestion.
For those who did not get my reference to "Ed Anger" of the Weekly World News:
http://en.wikipedia.org/wiki/Weekly_World_News
Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.
For those who did not get my reference to "Ed Anger" of the Weekly World News:
http://en.wikipedia.org/wiki/Weekly_World_News
Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.
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bkarnik
05-03 01:07 PM
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
more...
morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
man-woman-and-gc
09-15 11:36 AM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.
Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.
Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.
more...
new2gc
09-03 11:41 AM
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
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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mita
09-17 12:35 PM
Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!Did any body received the card or case status changed to Card production ordered apart from GCEB2?
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
more...
go2roomshare
07-05 01:49 PM
i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
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n_2006
06-15 10:16 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
more...
anandrajesh
05-28 12:41 PM
Me & My wife,
emailed Minnesota Senators + 10 senators mentioned.
emailed Minnesota Senators + 10 senators mentioned.
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transpass
08-20 04:48 PM
Guys:
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
Yes...A thorough lawyer does this. I am very happy with my lawyer too. She was diligent and thorough...She sent a letter to TSC on the day our cases became current. She also attaches copies of CIS Memos (if applicable) when filing for extensions, reinstatements, etc. so that the IO does not raise RFEs indiscriminately...Once we got our GCs, she sent a long letter regarding Dos and Don'ts after getting Cards
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
Yes...A thorough lawyer does this. I am very happy with my lawyer too. She was diligent and thorough...She sent a letter to TSC on the day our cases became current. She also attaches copies of CIS Memos (if applicable) when filing for extensions, reinstatements, etc. so that the IO does not raise RFEs indiscriminately...Once we got our GCs, she sent a long letter regarding Dos and Don'ts after getting Cards
more...
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kg318
04-24 10:18 AM
What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
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jgh_res
12-17 07:44 AM
Are you trying to be a legal immigrant????? GC is not your right and you are here by choice.
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
more...
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gc_on_demand
02-17 05:38 PM
Folks
Please contribute for your self.
Please contribute for your self.
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ashwin_27
11-17 04:12 PM
Done.
Please spread the message.
Please spread the message.
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ajaykk
08-26 10:38 PM
No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.
Thanks,
Sina
Even my spouse got card production ordered email. Good Luck to you.
Thanks,
Sina
Even my spouse got card production ordered email. Good Luck to you.
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kshitijnt
05-10 12:37 AM
I can very well relate to your desperation and anger, but please don't react emotionally. The legal or technical fact remains that no-one guranteed us GC and truth of the matter is most of us said "No" when immigration officer asked " do you have plans to settle in State?" So their is no question of equitable treatment.
. No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.
That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.
I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.
Until 2005 I did not want to settle here and hence I marked no on my visa application. After 2005, I changed my mind and we had applied twice (me and my spouse) and hence we marked yes on the question whether any immigrant application was filed on our behalf. No we did not lie there. And even if many people did, do you think those who come from Europe or visa free countries mark "yes" when they apply first time? So your point is moot there. Most people from visa free countries come here work here visa free and go back. They never even get asked a question. How come we get fingerprinted, photographed twice, interrogated twice and yet targeted when it comes to GC?
I am not against capitalism but I am against fighting injustice such as you dont get GC because you were born in India. And yes change will come but if we dont do anything we get nothing.
. No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.
That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.
I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.
Until 2005 I did not want to settle here and hence I marked no on my visa application. After 2005, I changed my mind and we had applied twice (me and my spouse) and hence we marked yes on the question whether any immigrant application was filed on our behalf. No we did not lie there. And even if many people did, do you think those who come from Europe or visa free countries mark "yes" when they apply first time? So your point is moot there. Most people from visa free countries come here work here visa free and go back. They never even get asked a question. How come we get fingerprinted, photographed twice, interrogated twice and yet targeted when it comes to GC?
I am not against capitalism but I am against fighting injustice such as you dont get GC because you were born in India. And yes change will come but if we dont do anything we get nothing.
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gc28262
06-28 12:59 PM
Job Description
UNIX and Weblogic Admin(GC and Citizen Only)
Philadelphia, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
We are looking for candidates for our direct client located PA and NJ locations
Job description
*7 years of Unix administration.
* 7years of combined design and support/administration experience in BEA Weblogic Server
* Strong Linux or Unix experience, Solaris preferred
* Programming/scripting experience in any of the common languages such as C++, Perl, Shell etc
* Integrating Weblogic environments with OSS platforms
* Development or support experience with Oracle and SQL
* Design and support/administration experience in Service Oriented Architecture, BEA Aqualogic BPM and Amber point SOA Governance products.
* XML messaging
*Load Balancer
*Firewall
*Web servers
If interested and qualified, please email resumes with contact information and availability to interview.
UNIX and Weblogic Admin(GC and Citizen Only)
Philadelphia, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
We are looking for candidates for our direct client located PA and NJ locations
Job description
*7 years of Unix administration.
* 7years of combined design and support/administration experience in BEA Weblogic Server
* Strong Linux or Unix experience, Solaris preferred
* Programming/scripting experience in any of the common languages such as C++, Perl, Shell etc
* Integrating Weblogic environments with OSS platforms
* Development or support experience with Oracle and SQL
* Design and support/administration experience in Service Oriented Architecture, BEA Aqualogic BPM and Amber point SOA Governance products.
* XML messaging
*Load Balancer
*Firewall
*Web servers
If interested and qualified, please email resumes with contact information and availability to interview.
marty
05-30 11:57 AM
Thanks Marty once again.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
Thanks :)
Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
Thanks :)
Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.
abq_gc
08-20 11:57 AM
I guess, its fair to assume that all of our applications have been really transferred to TSC. Please keep on updating as soon as you guys get a receipt notice or yur checks get encashed.
Thanks,
Thanks,
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