Tuesday, June 28, 2011

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  • chmur
    07-27 06:09 PM
    otherwise society would have have no use for lawyers....who make a living making interpretation of the existing laws.

    Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.

    The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.

    They have gone "Vertical" to "Horizontal" and probably will somersault next .
    2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.

    This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.

    All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.

    and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.

    EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.

    If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.

    Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.




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  • go_guy123
    02-02 10:33 AM
    Love India, gave me the best time.
    Came to US for higher education. Love USA.

    Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )

    Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!

    Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.


    Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.




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  • smahendran
    02-14 01:26 PM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!
    Hi asdcrajnet,

    Good to know that you have taken the wise decision finally. I have been trying to do this for the last 1 year, but keeps on moving on and on. Probably should set some real target dates to get this done. :)

    Wish you all the best for your future.

    Regards,




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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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  • desi3933
    07-09 02:38 PM
    .....
    Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
    ....

    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.




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  • kuhelica2000
    01-30 02:37 PM
    You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.


    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.



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  • Macaca
    07-08 09:28 PM
    Macaca:
    The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.

    Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.

    Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
    My analysis is minimally, if at all, dependent on India, China, ROW, ...

    Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.

    In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.




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  • amitjoey
    11-17 04:40 PM
    Please also send the text by email to the staff you have rapport with at the congressional offices.



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  • anzerraja
    07-20 10:51 AM
    Sam2006

    I think you didn't notice my message.


    Looks like you haven't filled in your pledge amount. Could you do please ?

    Thanks
    Anzer




    Hello Folks
    Thank you for all the efforts but we have a looong way to go

    http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en

    to keep track and update




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  • EADplease
    09-11 04:45 PM
    Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...

    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.



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  • psaxena
    09-10 07:41 PM
    Deepak,
    Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
    Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.

    Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
    If that is the case , then who cares about ones opinion???



    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!




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  • Rohan99
    09-25 09:37 PM
    yes, it reached at 9.03am and was received by R.William

    Can you let us know if they respected your RN july 3rd?



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  • grupak
    11-22 09:36 AM
    Mehul,

    Sad to hear your situation. Greg Siskind has discussed some of the legal options on his blog http://blogs.ilw.com/gregsiskind/

    As others have suggested, if possible your spouse should pursue her own path to GC through H1B employer as a realistic option. IV members would help in the job search.

    Wish you and your family all the best.




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  • swamy
    12-15 10:59 PM
    I dont have GC depression just irritation but when other things bother me I just run it out sometimes. Also, there's so much to be done so once you get busy full time and especially weekends so just try and keep yourself occupied and your mind away from the stuff that bothers you. Ofcourse 10 years is a long time and there's no justification for this but hopefully we can solve this mess thru iv so this ugly vb mess is confined to the dustbins of history forever.



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  • Chris Rock
    09-23 08:35 PM
    EB3 India guys realized that this is the only path to GC nirvana!

    So our(EB3I) mantra now is "Port, baby, Port".:D




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  • dicarol18
    08-13 03:06 PM
    Did you file I-140/I-485 concurrently. Where is employer's office location? and your residency?

    I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.

    I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:



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  • BharatPremi
    09-19 07:14 PM
    Any solid prediction on EB-3 I

    I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(

    By August 2009 buletin, EB3-I will settle between 2005 Jan-May.




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  • deba
    08-25 09:42 PM
    Received the physical card in mail today. Postage stamp is dated 22nd aug. My approval notice email was on 19th Aug from TSC.

    EB2 I PD 03/2005




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  • unitednations
    03-07 01:17 PM
    This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.

    We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.

    One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.

    Part of the study would be: Why is there so many Indians in the que?
    What type of companies are sponsoring most greencards?
    Rate of H-1b denials?
    Rate of consulate denials?
    How are people getting here?
    What is the average wage of people being sponsored here?
    if people are so skilled then why don't they go into extraordinary ability?
    DOL investigations?

    The list goes on and on of what the counter attacks are...

    People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.

    What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.

    Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.




    swamy
    12-15 10:59 PM
    I dont have GC depression just irritation but when other things bother me I just run it out sometimes. Also, there's so much to be done so once you get busy full time and especially weekends so just try and keep yourself occupied and your mind away from the stuff that bothers you. Ofcourse 10 years is a long time and there's no justification for this but hopefully we can solve this mess thru iv so this ugly vb mess is confined to the dustbins of history forever.




    rskanth
    07-05 10:55 AM
    Do we send the flowers individually or collectively? I am in either way.



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