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.
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BondJ
09-18 08:23 AM
Paper filed EAD for me and wife on Jul21..TSC RD -Jul22..CPO on Sep17.
Good luck!
Good luck!
gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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thomachan72
07-08 02:46 PM
I think your interpretation of this situation makes sense. I would like to add that the jumbs and increased activity in the uscis/dos etc all happened in anticipation of the CIR passing through and becoming law to be effective in the next FY. They probably wanted to clear of as many legal applicants/backlogs as possible before the next rush based on point system. I agree with you that this is not a conspiracy but more a miscommunication. Whatever the case, hopefully, the AILF litigation will bring some order to the system.
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intheyan
08-12 02:01 PM
What does ADIT processing means any idea is that we need to go to local USCIS office for the interview?
Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I posted it in a new thread but it is not appearing in the home page links
Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I posted it in a new thread but it is not appearing in the home page links
kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
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alex99
04-30 02:06 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
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samrat_bhargava_vihari
06-18 08:53 AM
I am waiting ..
I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.
I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.
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senthil1
06-28 04:16 PM
What you can do if a company does not advertise but only hiring US citizens or GC holders and avoid all others? Many Indian companies are only hiring H1bs or Indian origins without ads. In USA all the hiring are at will basis. To resolve this fast try to get green card quickly. You will have preference over H1b holders. Instead of fighting individually with companies better to fight collectively to pass recapture bill or green card bill to get GC fast. You need to get multiple legal opinion whether those advertisements are legal. There may be some exceptions according to law.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
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nashorn
08-12 03:50 AM
On the same boat. I140 approved at TSC, 485 filed at NSC on 7/2, nothing yet. Can we get a poll here? Thread is so long already.
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alias
08-18 02:23 PM
We don't have much options. Let us jointly send letters to Ombudsman and USICS director and hope something will come out of it.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
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desi3933
06-28 01:38 PM
-- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
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pallavan
09-26 10:29 AM
& who'll change it....pu55ies like u?
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
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anilsal
03-09 09:32 AM
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of)
Come on, if you are not strong enough to talk to your congress rep and/or his staff, then you need to evaluate yourself.
Yesterday, I did talk to a bunch of office people for a congress rep who is a republican (and still evaluating CIR) and they were very impressed with my knowledge of the issues and hearings happening in the senate/congress etc. I may have moved that congress man's decision towards supporting CIR. Just get yourself acquainted with what is happening with immigration in the hearings - know who the key players are etc AND then just talk to the office people/staff dealing with immigration for the congress reps. The worst that can happen is that they may disagree with you. But they will not ill treat you in any way.
Now show some depth - contribute your time and money to IV.
Come on, if you are not strong enough to talk to your congress rep and/or his staff, then you need to evaluate yourself.
Yesterday, I did talk to a bunch of office people for a congress rep who is a republican (and still evaluating CIR) and they were very impressed with my knowledge of the issues and hearings happening in the senate/congress etc. I may have moved that congress man's decision towards supporting CIR. Just get yourself acquainted with what is happening with immigration in the hearings - know who the key players are etc AND then just talk to the office people/staff dealing with immigration for the congress reps. The worst that can happen is that they may disagree with you. But they will not ill treat you in any way.
Now show some depth - contribute your time and money to IV.
more...
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cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
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psk79
09-10 11:23 AM
Hey, Anyone whose checks cashed but still didnt get their receipts? My checks were cashed 5 days ago. So far no receipt notices.. I got the receipt no's from back of the checks and the lud on 765 is 9/7 but it still says we mailed out a notice on how we process this case.....
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Gravitation
03-08 07:45 AM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
Looks like that they are on track to eliminate backlog by Sept 07. You'll get your LC then or probably sooner. Hey, it's March already... time will fly fast...
Looks like that they are on track to eliminate backlog by Sept 07. You'll get your LC then or probably sooner. Hey, it's March already... time will fly fast...
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h1techSlave
05-01 09:43 AM
One of my friends was a plaintiff in the lawsuit that you mention. As you mention, USCIS quickly approved all cases. So didn't the plaintiffs won the case?
I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
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gccovet
02-09 03:38 PM
Hi,
I have sent my contribution of $21 through paypal.
Payment Sent (Unique Transaction ID #0FB67301XJ308793P)
Thank you Pachaik,
With 15 contributors, We are now at $484.00
I have sent my contribution of $21 through paypal.
Payment Sent (Unique Transaction ID #0FB67301XJ308793P)
Thank you Pachaik,
With 15 contributors, We are now at $484.00
anilsal
08-13 11:22 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
gene77
03-25 09:57 PM
I am EB3 India--OCt 2004...My hopes are dwindling...let's see...
Waiting to see some movement ...... god bless us!!
Waiting to see some movement ...... god bless us!!
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