Tuesday, June 28, 2011

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  • sledge_hammer
    01-30 01:29 PM
    The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!

    He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!

    Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!

    How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?

    And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!

    Shame on you!!!

    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representation false?

    People like you are the ones who are dividing the community.




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  • cjain
    11-01 05:42 PM
    i work for big company...and i have paystubs...

    in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...

    i am beginning to see light at the end of the tunnel...:D




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  • GCStatus
    09-15 12:12 PM
    I have sent my contacts ..

    Thanks Krishna

    MAN-WOMAN-GC - Here we go, first one has reached you




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  • Pineapple
    10-27 12:21 PM
    Just to clarify, it is just one person (The Ombudsman), not "folks". My previous comment was meant to illustrate the absurdity of such a suggestion.

    For those who did not get my reference to "Ed Anger" of the Weekly World News:
    http://en.wikipedia.org/wiki/Weekly_World_News

    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.



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  • dskhabra
    09-23 07:51 PM
    I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...




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  • msr999
    08-18 06:00 AM
    I got following emails:

    8/14 - Card Production Ordered
    8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
    8/15 at 5 PM - Card Production Ordered

    Looks like their system is not perfect



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  • GC08
    07-08 12:38 PM
    Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.

    And also recapture lost visa #s in previous several years automatically and increase efficiency in adjudicating cases (including name check, etc.). :D




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  • man-woman-and-gc
    09-16 12:02 PM
    Someone reading the thread for the first time should be able to figure out what the plan is.

    man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?

    GCSTATUS...Can u please update the First Post...can u plz paste the text detailing what we are doing here...people looking at this thread for the first time may not be able to readl all the posts..



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  • salai007
    08-13 11:45 AM
    My lawyer went to the SC and dropped the papers on July 2, still I am waiting for my receipt#....does anybody in my situation like this?

    Regards,
    -Salai




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  • aquarianf
    04-24 11:29 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.



    can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?



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  • CADude
    08-23 12:56 PM
    I am not sure if TSC receiving/encashing 485 application all 5 days. We get few check encashment then lul for couple of day. then again few more...
    Mon - 485 (TSC filed)
    Tues - EAD
    Wed - AP
    Thur - 485 (NSC filed)
    Fri - EAD
    Sat, Sun - Holiday

    I was anticipating check encashment in masses. But it didn't happening. :)
    Yes If you are lucky one then getting 485/EAD/AP together..:D:D




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  • english_august
    07-04 01:19 PM
    Wow! This is what a truly grass roots effort can do. I am in for July 10th as well. Can IV core please put this as an action item on the main page!

    This has the potential of a truly good media event!



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  • pamposh
    09-15 11:48 AM
    I am happy to see some beginings here.. although we have had many many threads before for this kind of initiative but I see some difference here... Like some others said we need to draft an action plan from A to Z here (understood that it may not be exactly what we would be following over time but), we need some roadmap to follow to reach our target.

    I like the idea of collecting info about who is willing to contribute and I am all for it.
    btw, option 1 is not an option for me.

    Pamposh




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  • makemygc
    08-01 05:11 PM
    If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)

    But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.



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  • bigboy007
    05-12 06:43 PM
    :D it depends on whom you want to send to ?

    When you send flowers EB2-I gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2-India Retrogressed campaign ?

    are you guys going on the same trail if dates move back and forth ... one month to send and one month to predict "EB2 will be current" and again one month back to worried...

    Support IV dudes... :) and may be you can even update your profile...

    My intention is to say united we stand, divided we fall, which we almost did when everyone discussing here thought of earlier that EB3-I is the only group going to have problems...

    Some one tell where and how to send flowers?:confused:




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  • pappu
    12-15 10:58 AM
    Guys check out this article on Washington Post's website:

    http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html

    A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
    contact the author

    http://www.manhattan-institute.org/html/jacoby.htm



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  • vikki76
    09-29 11:30 PM
    Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
    6. Porting to Self-Employment

    USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.

    7. Timing of New Employment Offer

    A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.




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  • chi_shark
    07-10 02:46 PM
    you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)

    Desi/Sankap,

    I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -

    1. Job should be bona fide (without going into the definition of the word).
    My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.

    2. Should have similar/same job duties/responsibilities.
    I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.

    3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
    Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).

    Thanks!!

    - S




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  • GCcomesoon
    06-09 10:41 PM
    Did you directly sent to TSC or NSC forwarded it to TSC

    It was send to TSC as my approved 140 was from TSC

    Thanks
    GCcomesoon




    VK373
    06-11 04:55 PM
    I know one of us got it. Any one else ?

    Yes, All of my checks got cashed today and i got all the reciepts in mail. RD is 06/01 and ND is 06/06 from Nebraska.




    jindhal
    09-24 11:42 PM
    Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....

    As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)

    Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D

    I agree..



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