gcbikari
04-24 11:44 AM
Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.
BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.
BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.
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ita
11-01 04:17 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
JunRN
09-12 03:58 PM
Some delay could be in the postal office and in your lawyer's mailbox...I'm a July 31st filer and already got my Receipts....it seems that the USCIS Receipting Update is true in my case, but not for others who are still waiting....
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psaxena
02-25 04:21 PM
Pappu,
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
more...
JazzByTheBay
12-17 11:21 AM
Acquired Immigration-Related Extreme Depression (AIRED)
Like AIDS, it has no permanent cure for the time being.
However, like many pharmaceutical companies and research institutions involved in finding a cure for AIDS, IV is working on a project to cure retrogression (equivalent of the HIV virus that causes AIDS).
Like AIDS, there are no time lines, promises, or guarantees that a cure will be found for AIRED. However, patients report some improvements with formulations like EAD and AP. :)
jazz
Like AIDS, it has no permanent cure for the time being.
However, like many pharmaceutical companies and research institutions involved in finding a cure for AIDS, IV is working on a project to cure retrogression (equivalent of the HIV virus that causes AIDS).
Like AIDS, there are no time lines, promises, or guarantees that a cure will be found for AIRED. However, patients report some improvements with formulations like EAD and AP. :)
jazz
eb3_nepa
12-11 10:42 AM
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
more...
hiralal
05-02 10:13 PM
even if the law was interpreted incorrectly by the lawyer ...I wonder if they can do a admin fix ??? this is definitely beneficial for many people ..for e.g. those who are homeowners, etc etc ...atleast the primary spouse can change fields etc etc
...wonder if we should have a campaign for this ?
...wonder if we should have a campaign for this ?
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kdprasad
08-13 07:59 PM
Signature has all relevant information. I-140 was approved August 2005.
Did the Checks get cashed.!!!
Did the Checks get cashed.!!!
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joydiptac
07-21 04:02 PM
I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
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surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
more...
Hello_Hello
02-04 01:35 PM
I cannot stand the Sardar and his super corrupt party also sick of seeing that joker 'Rahul Gandhi' face they show him 24 X 7 on all Indian channels...I curse him every single day when I see his face in the Newspapers. These b..stards have eaten our country like parasites. If I go to India, I will have to see his face everyday...I'll rather see Obama..
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mahujam
07-28 12:54 PM
Received by USCIS on 12th June.
Lud on 18th June.
No receipt received. Found SRC number through cashed check.
No further movement yet.
Eb-3/India/17th Jan 2003.
Just got email. No card yet.
Current Status: Card production ordered.
On July 26, 2008, we ordered production of your new card
update:
Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
The lud happened on 7/27/2008.
Lud on 18th June.
No receipt received. Found SRC number through cashed check.
No further movement yet.
Eb-3/India/17th Jan 2003.
Just got email. No card yet.
Current Status: Card production ordered.
On July 26, 2008, we ordered production of your new card
update:
Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
The lud happened on 7/27/2008.
more...
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Mehul
11-21 03:03 PM
And what should the person/family do right now?
Return to their country like nothing happened? What about the primary applicant's present job?
Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?
There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Return to their country like nothing happened? What about the primary applicant's present job?
Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?
There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
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kg318
04-22 05:37 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
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senk1s
07-03 05:24 PM
Yes !!
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CADude
08-14 02:58 PM
I think you will OK. Please wait couple of more days. :) TSC is slow in receipting...
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
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trueguy
07-28 10:48 AM
This thread was opened for working on Action Item. EB2-I community is giving all stupid reasons to divert us from our Action Item. Please stay focused and lets work on Action Items.
We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.
Thanks.
We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.
Thanks.
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abracadabra102
07-28 11:31 AM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
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GCNaseeb
08-29 01:08 PM
That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.
amitjoey
07-10 04:44 PM
I have arranged to send the flowers so they reach USCIS on 10 July.
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
Thanks for your effort.
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
Thanks for your effort.
sairam
07-04 04:14 PM
Mine was delivered at 10:25am on 07/02/2007. Priority Date: Sep 2004.
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