Saturday, July 2, 2011

Love And Rockets Lift

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  • bobzibub
    12-15 11:49 PM
    :D

    Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
    But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
    And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )

    Chin up!
    -b




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  • h1bmajdoor
    05-04 04:48 PM
    Well said eager_immi. Getting GC and getting job and earning is not the only thing in life.

    maybe not. but does prevent the things that life is worth living for.

    imho coming to the US was the worst mistake of my life. it took me about 5 years to see through the lies that the system, the employers and other desis propogate regarding h1 and prospects in US.

    you can't get fair treatment as long as you are on h1. that is why the others will not let you get out of h1.




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  • amitjoey
    07-09 08:04 PM
    Ok, Those who have not sent flowers, consider sending them. And everybody please take 10 minutes and email the news out to reporters, friends, and family. It has a ripple effect. Also talk about it to your coworkers. Text, orkut, or call your friends.




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  • santhi_krishna
    08-13 04:57 PM
    I got my I485 receipt notice today. Our applications are delivered on July 2nd.

    Receipt Date: 07/02/07
    Notice Date: 08/06/07



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  • delax
    08-20 09:36 AM
    FYI - for those approved and waiting for cards in the mail! Here are the details for self, spouse and child - all approved at the same time.

    CPO - Email recd on Aug 11 saying CPO on Aug 9.
    Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
    Aug 13 - Soft LUD
    Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
    Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.




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  • looivy
    07-21 02:16 PM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....

    Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
    Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
    Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.

    It would be better if we have a tracker database on IV website o/w this thread will grow madly.



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  • somegchuh
    12-18 04:53 PM
    2,
    I completely understand your pain. I have been here since 1998 and have a EB2 PD of 2002. And the dates are back to 2000. It seems like I can never get the ducks in a row. First my case gets stuck in PBEC. It take me 4+ years to get out of it. Then the RD at NSC is not current. When the RD turns current the PD retrogresses. Off course not to mention that I am waiting for name check to clear. The process is not linear. Some ppl are able to get thru it all in a very short time and some are stuck for years and years.

    I have gone thru some of the depression that you talk about. The only way out for me to realize was that either I take it or leave it. That's how I view the whole process. If I am going to take it then I need to have a plan for what I am going to do with my GC. I know one thing for sure, I am going to take a long vacation as soon as I get it :) Just getting too old and tired for the same old same old.


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?




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  • mariner5555
    04-30 02:29 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
    ---------------
    Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D



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  • ramus
    07-08 05:57 PM
    I was working on DC but so far just received 30 votes..

    Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..


    Hi,

    I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.

    Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.

    I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.




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  • bharol
    08-25 09:38 PM
    8/19/2008(Monday) 7 AM: Got "Welcoming the new Permanent resident.." email, saying 485 was approved on 8/18/2008.

    8/19/2008(Monday) 9 PM: Got "Card production Ordered" Email.

    8/22/2008(Friday) 1 PM: Got "Approval Notice Sent" Email.

    8/23/2008(Saturday) : Got Physical Welcome notice on I797 form, mailed by USCIS on 8/18/2008

    8/25/2008(Monday): Got PHYSICAL CARDS in mail. :)


    May everybody get their approvals ASAP.
    Good luck.



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  • PDOCT05
    10-01 02:51 PM
    Ship (P/U) date: Jul 2, 2007
    Delivery date: Jul 3, 2007 9:03 AM
    Sign for by: R.WILLIAM

    No receipts, No checks cashed, jut nothing.
    My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.

    I am also in the same boat called USCIS today ...she asked me to call back in next monday or check daily for checks cashed or not.




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  • knnmbd
    05-07 04:18 PM
    Another warning. We will not tolerate flaming wars or denigrating posts.

    Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.

    If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.

    That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.

    All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.



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  • kshitijnt
    07-09 03:28 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.




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  • raj2007
    04-23 02:46 PM
    hi all,

    Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........

    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer’s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are “reasonable” in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not “reasonable”?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).



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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • aroranuj
    02-26 08:50 PM
    Just made a contribution of $51 to OUR cause. Unique Transaction ID #7EJ0507917662511X

    Guys, can we please keep this thread for DONATIONS ONLY...

    Thanks.



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  • caliducas
    08-24 09:25 PM
    July 3rd filer --> No receipt yet




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  • number30
    05-01 10:48 AM
    IV Core. Can something be done to highlight this issue in your conversation with authorities ?

    The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.




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  • priderock
    06-27 04:12 PM
    I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..

    If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..

    1. There was no concurrent filing of I-140/485
    2. There was no premium processing for Labor
    3. There was no premium processing for I-140
    4. There was no AC-21, so there is no way of switching jobs..

    Still it used to take 4-5 years to get a GC.

    And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..

    Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS

    Your greed will ruin you in future, just like you are cursing your employer's greed..

    Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..


    I agree , and if the cost of leaving this stupid employer is just $10K, I would gladly pay and have some peace of mind.

    Also don't make decissions based on the current provisions/laws only. It is safe to assume you are going to be with your employer (who filed your GC) until you get your GC. You make a decision assuming that you can use AC21 after 6 months, but what happens if they remove AC21 in two months ??? People got burned when they assume status quo with the laws/provisions and they subsequently change.




    Pineapple
    12-11 11:43 AM
    I agree with eb3_nepa

    The fact is that the biggest immediate issue facing the majority of people is Not a green card, it is that they cannot even file for it. Wasn't retrogression the whole reason why people joined IV? GC processing was always slow, and that was a big problem. But it only got to be a critical problem when people realized they could not change jobs and their spouses could not work due to the retrogression.

    Let us focus on the low hanging fruits first.


    ....

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    ... does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? ... Let us seriously think about this solution.




    maverick_joe
    05-02 02:16 PM
    HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
    I'm glad that he re-edited his language in his previous post!

    It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)



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