Tuesday, June 28, 2011

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  • amsgc
    08-25 12:47 AM
    gc28262,

    The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.

    As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.

    Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.

    Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.

    <quote>
    no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
    BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
    </quote>

    To the poster of this message,

    This country is not for incompetent people who fear desi-consultants.




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  • GCMATRIX
    08-11 09:52 PM
    I know this not right place to ask this question . Please can anybody tell me how add a new thread.

    Thanks in advance




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  • akhilmahajan
    02-09 02:18 PM
    Thanks a lot kate123.

    Grand Total - $328

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

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    25$
    Transaction Id: 49C78926VG6647649
    Contributed via paypal

    Thank you all,
    Keep up the good work.




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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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  • hindu_king
    03-06 04:26 PM
    What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.




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  • vadapav
    12-02 03:46 PM
    Friends,
    Please give your opinion on my plan.

    Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer

    I have no realistic hopes by getting GC by end of next year.

    New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
    1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
    2. Change address, but give friend's address in the same city as mentioned on application
    3. Convince current employer to respond to RFE (in case any) positively
    4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE

    Does this sound far fetched?

    thnx



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  • beppenyc
    06-21 04:16 PM
    No one thinks this is feasible??
    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.




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  • snathan
    04-24 02:46 PM
    Hi JaiHind/Balaji,

    Are you alrite? Mehul already passed away on March 2nd 2008 and now you want him to take second opinion. Please read the whole story before you comment.



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  • eastindia
    09-25 09:19 PM
    & this'll be the result

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
    I am enraged.

    We Indians deserve to be waiting forever without Greencard.

    This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.




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  • sam_hoosier
    12-19 02:33 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.

    Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.

    I know this question should had been asked by other members also, but I don't want to search all threads.

    Looking for some genuine answers instead of thread bashings.

    Thanks in Adv.

    You can use AC21 after 180 days from the I-485 receipt date.



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  • chanduv23
    07-10 05:45 PM
    @chanduv23:

    Ok, i am not challenging you or your interpretations. I am looking into all options.




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  • CADude
    08-01 01:06 PM
    Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.

    Now # of applications are more so it can take more time but your RD will be maintained.

    Hope this helps...

    yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.



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  • jsb
    11-02 10:58 AM
    Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
    .
    Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.

    Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
    After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
    I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)

    Bottomline is that there has to be at least one I-140 approved at some stage.




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  • SunnySurya
    08-18 01:44 PM
    Well said!. It is simply a sign of immaturity that some people will just complain but are not willing to do the work , not willing to understand the issue and not willing to understaing the constraints.

    If any changes need to be made it upto the individuals to take the intiatives.




    DO NOT post such baseless allegations.

    IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.



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  • reddymjm
    02-17 12:29 PM
    you just completed your payment.

    Your transaction ID for this payment is: 5A429240D924xxxxxx.




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  • cbpds
    02-01 01:37 PM
    If you were "scared to use the AC21", why not use it now, anyways ur ready to go back to India, what will u do with GC once u get it anyways?

    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!!



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  • sbabunle
    05-03 06:21 PM
    I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.

    Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.

    Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.

    All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.


    I agree with you eb3-nepa. My story is pretty much same as yours. Its not
    a good idea to blame IV. IV is trying to do whatever possible within its limits.

    If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
    I hope and pray some good law will come up where there will be some good for everyone.

    thanks
    babu




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  • anzerraja
    07-20 12:18 AM
    Thanks !


    I pledge $100 for this cause also.

    Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.

    I am sure God will bless all of you with a timely GC :). Best Wishes again.




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  • prashantkh
    07-05 05:59 PM
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    cchaitu
    10-04 06:27 PM
    ^^^^^^^^^^^

    As this is my crucial time of my life, anyone from our IV members please help/Advice

    Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)

    Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)

    Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)

    Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)

    Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number

    Please advice - Thanks in advance




    ravi190372
    08-28 10:28 PM
    gc_on_demand , are you with a desi consulting firm or with a US software company



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