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  • jk333
    07-08 01:18 PM
    Excellent points dvsnm.

    Once the date, time, and agenda are fixed, we'll hit the roads.
    We can also come out with a common flier.

    Adding to this:
    * Each major company in the bay area must have their own internal
    network/alias. They can spread the word within and pool in more support
    for this.

    -JK

    Guys I am looking at this thread for the first time today and want to put some comments:

    1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.

    2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.

    3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.

    BUT, you know what we are missing?:

    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?

    3) No usage of the library notice boards.

    4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?

    I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.

    Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.

    As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.

    P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.




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  • kg318
    04-23 10:00 PM
    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).




    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.




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  • diptam
    07-04 09:58 PM
    First of all - Stay away from X ( be it american/russian or whatever company)

    From your post it seems like Y is a kind of better in behaviour, closer to Home
    , wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).

    I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....

    After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.

    Does this helps ??

    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
    not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
    letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.




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  • man-woman-and-gc
    09-15 02:46 PM
    It's just hidden but when you do export to csv it shows everything. This is not secure. Please be careful with sharing your phone # on public domains.

    Folks...I was told once by an IV core member ' This is the land of the fearless' and therefore we should not fear abut simple things like like sharing our email ID or ph#.

    However, keeping this concern in mind that may prevent some members from supporting, i have removed the email ID and ph# column from the public spreadsheet. I will maintain a separate spreadsheet with list of email ID's and ph# so that we can get in touch as soon as it is time for some real action.

    Thanks.



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  • Jimi_Hendrix
    10-16 01:14 PM
    The immigration debate for legal immigrants and illegal immigrants with substantial presence in the USA has been raging for 2 years now. Reforms consistently went through Senate but got stuck in the house. Last year has been most painful and has brought matters to a tipping point. Therefore, I conclude that after the elections things have to settle down - this matter cannot be up in the air any longer. Either we get formally and bitterly screwed or some relief pops out in the next 2-3 months.




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  • mnq1979
    09-23 01:52 PM
    Hi mnq1979,
    The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
    It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
    I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
    More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).

    GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx



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  • meridiani.planum
    08-25 01:25 PM
    ,... I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
    ....

    its the same script, just the actors change.

    P.S: Remember you from your days on immigrationportal.com... thanks for spending time on IV. The new-kids-on-the-block are always jumpy and eager, many old-timers who have been beaten into submission by USCIS appreciate your expertise and words of caution...




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  • go2roomshare
    04-20 01:52 PM
    No reply so far ! No one here??



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  • StarSun
    02-09 10:53 AM
    Your transaction ID for this payment is: 32R78275M69540623.
    donated $50

    I will be in India around that time so cannot attend the campaign in person.

    All the best to IV .. hope we get the justice ASAP.

    Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.




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  • walking_dude
    10-08 03:23 PM
    There is no FIFO in current system. There NEVER WILL BE as long as so-called Chargeability areas ( country quotas) exist. Mark my words, we may at best get the quota extended to 10% (if STRIVE or something similar passes), but the quotas are here to stay. Guy from a so-called ROW country will always get his GC ahead of you.

    Have you read about 'Alternate Charegeability'? Read about it in Mathew Oh's website. It means a guy/gal from India can marry a Sri Lankan or Pakistani and use his/her country as chargeability! A person is getting ahead of others by marrying outside your country! What's your brilliant idea to stop that. I can already see some guys posting 'IV should make banning marriage outside the chargeability their Top #1 agenda, as people use it to cut the line'

    What you guys really mean by FIFO here is ' a guy/gal from my country who applied after me, who cannot use alternate chargeability or marry an American citizen to cut the line, should not get GC before me'! ( FBI name check , EB1/2/3 etc. be damned)

    Did I get you correctly?



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  • rpulipati
    01-08 06:36 PM
    Received yesterday for 01/23.

    Case details: TSC -> CSC -> TSC




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  • v2neha
    09-05 01:02 PM
    My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:

    We CANNOT do any thing, when I called USCIS, IO said they can't do either.. wait for 60 days. BS


    sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.

    Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.

    Good luck.



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  • unitednations
    03-08 06:41 PM
    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.


    I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.

    btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.

    Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).




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  • kg318
    04-25 10:44 AM
    [QUOTE=kg318;242627]

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.


    the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

    Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.



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  • man-woman-and-gc
    09-15 06:14 PM
    I 've sent pm.. please update the google doc.

    Thanks gcgonewild. The spreadsheet is updated now.

    Others who are wondering what's goin on..here's a recap:

    We are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.

    There is a current list of members who have pledged support on the link below.
    http://spreadsheets.google.com/ccc?k...8fcKLTQ&hl=en#

    If you would like to help in this effort, please send me a private message with the following info:
    1) Ur IV handle
    2) Ph#
    3) Email ID
    4) Amount you would like to pledge.

    Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.




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  • blewstream
    09-04 07:41 PM
    Status in signature



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  • GCBy3000
    07-19 11:13 PM
    I am in for $100.

    By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.

    Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.




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  • walking_dude
    06-25 09:30 PM
    While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

    While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

    Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

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

    Hi:

    Greetings for the Day!

    This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


    Rate: $42/ hr during the contract
    Job Title: Java/ J2ee Developer
    Location: Warren NJ
    Duration: 6 Months Contract with possible extension

    Client for this position is looking for Only US Citizens

    Strong J2EE, Java, Struts, Oracle resumes right away
    Plus: Spring and Hibernate


    Regards
    Ruby Roy
    Technical Recruiter
    Charter Global, Inc.
    Toll Free: (866) 570-1818 X 337
    Fax: 404-745-8755
    E-mail: Ruby@charterglobal.com
    URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)

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




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  • BPRAO23
    11-07 06:28 PM
    What's the customer service number and the menu to talk to one of the customer service reprasentative.
    I have called the the number 800-375-5283 and confused to select the menu.

    Can you please help me in this?

    Thanks,

    Rao




    denrama
    05-23 11:20 PM
    It was very easy and simple.

    Denrama.




    Macaca
    12-10 11:23 AM
    Why don't you tell other proud americans to not

    1. admit us to your educational systems,

    2. give us jobs, and

    3. sponsor our green cards.

    Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

    The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.



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