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  • reddymjm
    06-13 05:30 AM
    As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.

    I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
    I got 3 out of 6 on monday by mail.




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  • amdn123
    01-24 05:45 PM
    I have changed employers on an H1B transfer. My previous employer had filed an I-485, I went through FP as well and it has been 180 days from the filing date. My new employer's lawyer had advised them that AC-21 need not be filed until visa numbers become current. Is that correct? What if I go to a consulate for H1B visa stamping and they ask me whether AC21 has been filed for the empployment visa? Please advise, I am quite confused.




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  • 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.




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  • dontcareanymore
    08-25 12:04 PM
    I wish they go after the fake companies that acts as GC boutique and also those who "bought" GC from them. (I mean not really bought, but who got GC from a company who originally never intended to work for them or never did). And of course use those numbers for LEGITIMATE cases (I hate to see those numbers go waste).





    lots and lots and lots of h-1b's getting denied. extensions, change of employer, 140's approved, etc. doesn't matter.

    just about all h-1b's getting rfe's and many, many are stuck in "background check". This is just a cop out by uscis where they are investigating companies use of h-1b's (this is reason for slowdown in processing times ) by vermont service center.

    uscis caught many companies in fraud - also consulates - many companies giving internal projects, etc. or fake purchase orders and getting caught by department of state which then forwards to U.S.

    ICE is making visits to consultants homes to verify where they are actually working and comparing to h-1b's.

    Next; investigations will start with greencards.

    I warned last year; that all the noise everyone was making about h-1b's and greencards was going to eventually get hit back by government agencies. Now; we are seeing this.



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  • caydee
    07-09 11:16 AM
    A news article from San Jose Mercury News...........

    http://www.mercurynews.com/news/ci_6331029?nclick_check=1

    (apologies for posting this here. I couldnt find the link to News Article Thread - 3. Moderators please move this to the right thread)

    IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD
    By Frank Davies
    MediaNews Washington Bureau
    Article Launched: 07/09/2007 01:29:41 AM PDT

    WASHINGTON - Reeling from the collapse of a massive immigration bill, major tech firms plan to press for more visas and green cards for foreign workers - one element of the failed legislation - but admit they face political resistance and an uncertain future.

    "We face a serious problem this year, Congress knows that, and we just have to keep pushing," said Robert Hoffman, an Oracle lobbyist. He said restrictive caps on H-1B and L visas for skilled workers and the long waiting time for green cards for some were limiting companies' growth and sending some jobs overseas.

    But Ralph Hellmann, who lobbied on the Senate bill for the Information Technology Industry trade group, sounded an upbeat note. He said a separate measure increasing visas and green cards "is probably a better product now that we don't have to ride on a compre hensive bill."

    Hoffman, who co-chairs Compete America, a coalition of businesses seeking immigration reform, said he hopes to meet with key congressional leaders on the issue, including Sen. Ted Kennedy, D-Mass., sponsor of the failed Senate bill, and Rep. Zoe Lofgren, the San Jose Democrat who chairs the immigration subcommittee in the House.

    "We'll have to see what's in the realm of the doable, whether it's long-term or a stop-gap," Hoffman said.

    Lofgren sounded a note of caution Friday, saying progress on any component of the comprehensive bill may be difficult.

    "We're in an assessment phase right now, and I don't know what can proceed - that's up to a very diverse group of people in the House and Senate," she said. Other provisions of the failed immigration bill have champions who now see an opening for separate legislation.

    Taking separate action

    Sen. Dianne Feinstein, a California Democrat, said the shortage in farm labor is a crisis that means her "ag jobs" proposal for more foreign workers "should be moved before any other immigration-related legislation."

    She said she will work with Sen. Larry Craig, R-Idaho, a co-sponsor, and industry and farmworker groups to push soon for that bill.

    Lofgren said "there's a compelling case for the Dream Act," another part of the comprehensive bill that would allow some children of illegal immigrants to achieve legal status and make it easier to enter college or the military.

    Several South Bay students last week launched a fast to show their support for the Dream Act, and they demonstrated Tuesday in front of Lofgren's San Jose office.

    Immigration hard-liners who oppose any legalization process for undocumented workers said the failure of the Senate bill shows the need to improve border security and workplace enforcement.

    Rep. Brian Bilbray, a San Diego Republican who chairs the House Immigration Reform Caucus, said a congressional consensus exists to pursue those goals this year.

    Workforce in jeopardy

    Meanwhile, thousands of highly skilled visa-holders who filed paperwork last month for green cards had a more immediate problem this week. Because of a dispute between the State Department and Immigration Services, and a huge backlog of applications, they were told no more green cards are available this year.

    Large employers, including some in the tech sector, were told this year by the Bush administration to help pass the overall bill to secure some of their key goals. Those include almost doubling the number of H-1B visas to 115,000 a year, exempting 40,000 people with higher degrees from any restrictions, and speeding up the employer-based green card system for workers already here.

    With the demise of the bill and uncertainty over future immigration, some California companies may shift operations to other countries, Lofgren said. Microsoft announced plans Thursday to open a software development center in Vancouver, British Columbia, which would "allow the company to recruit and retain highly skilled people affected by the immigration issues in the U.S."

    In 2006, Microsoft secured 3,117 H-1B visas for its workers - the third-highest total - according to the Department of Homeland Security.

    Lou Gellos, a Microsoft spokesman, said immigration uncertainty was "an issue, but not the defining reason" for opening the Canada center.

    Criticism has also mounted over abuses and fraud in the H-1B visa system.

    Sen. Dick Durbin, D-Ill., citing government surveys, said that "job shops" and other brokers were misusing the system to bypass U.S. workers, bring in foreign workers for substandard wages, and outsource some jobs.

    "Our immigration policy should seek to complement our U.S. workforce, not replace it," Durbin said last month during the Senate debate.

    System left in limbo

    After behind-the-scenes negotiations, tech companies acceded to some of the proposals from Durbin and Sen. Charles Grassley, R-Iowa, to improve oversight and enforcement of the H-1B program by the Department of Labor. All companies would have to pledge to seek U.S. workers first for openings, and if an employer's visa-holders who are paid entry-level wages exceeded 30 percent of its workforce, a Labor Department audit would be automatic.

    That agreement is now in limbo. If a serious push for an increase in visas makes progress, Durbin would want to include his proposals, an aide said.

    Hoffman said tech representatives would agree to more enforcement "that is not punitive."

    Lofgren, who represents tech executives and workers, said she could support "reforms and changes" in the visa system.

    "It needs a good review - I've never thought that just increasing the numbers was in the cards," she said.


    Contact Frank Davies at fdavies@mercurynews.com or (202) 662-8921.




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  • Prashant
    07-10 10:30 AM
    A shipment of 100 Blooms of Peruvian Lilies, ProFlowers order# EGONZA0*****, was delivered by FedEx for Emilio Gonzalez at the requested address of

    20 Massachusetts Avenue, NW ,
    Washington, DC 20529

    on 7/10/2007.



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  • sunny1000
    07-09 12:13 AM
    United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
    still It does not mean anything ... they can reject it.

    Can you please tell the date..was it 6/29? Thx




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  • akhilmahajan
    04-14 10:59 AM
    I think you also need a Canadian address.

    My bad, it totally skipped my mind.
    PR cards can only be mailed with in Canada.



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  • test101
    07-09 10:41 AM
    I found this in the one of the forums.. please people contact the report have people hear us.

    Story for the Washington Post

    --------------------------------------------------------------------------------

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701




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  • akhilmahajan
    02-11 12:19 PM
    Thanks a lot nk2006 and kkarun.

    Grand Total - $1551

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.I'm going to send check for $50 today.



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  • rajuseattle
    08-15 03:52 PM
    It could be the mass system update at TSC as indicated in other forums.

    Lot of folks at TSC are experiencing this LUD on 08/12




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  • gc_on_demand
    05-01 12:10 PM
    gc_on_demand ,

    I am not anti at all. I am trying to understand the law.

    How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
    Wont they have problem when the dates become current and GC is issued to primary.

    Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.

    Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.



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  • vbkris77
    05-01 01:51 PM
    Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS a(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--

    (i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or

    (ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/

    t all.

    Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.

    However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.

    I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.


    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--

    (i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or

    (ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/




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  • gclongwaytogo
    10-10 01:32 PM
    Still Waiting.....



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  • shsk
    07-07 12:32 AM
    Let us send Thank you greeting cards for 30 days (1 month).
    This will give continuous media attention




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  • petepatel
    07-21 07:52 AM
    Priority Date - Nov 2004
    EAD Renewal Mailed - July 1, 2008
    Received by USCIS - July 3,2008
    LAST LUD - July 8, 2008

    :D



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  • Edison99
    08-23 03:01 PM
    Hi MeraNaamJoker,
    First of all congrats man!
    You experience gave so much hope on my green card process�

    Buddy,

    This is an ultimate test from above on our patience.

    I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

    After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
    Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

    So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.




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  • h1techSlave
    07-21 08:14 AM
    I am quoting the below lines from another post..

    "With 11.25 K EB3 members we would have still collected quarter million bucks."

    I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?




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  • coldcloud
    11-17 07:08 PM
    Done.




    letsgetit
    05-23 09:04 AM
    Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
    Thanks IV for the job you are doing...It is indeed commendable.




    sss9i
    07-20 10:50 AM
    I will pledge $ 100.



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